A RESERVED JUDGMENT

Wairarapa Age, Volume XXXII, Issue 10435, 28 September 1911, Page 5

A RESERVED JUDGMENT

OF THE SUPREME COURT.

•Mr M. Foley (ißlegistrar of the Supreme Court at Masterton) delivered thie judgment yesterday of His Honour the Chief Justice (Sir Robert Stout) in the case of Mary Louisa' Niarby v. Abratem and Willin mis, beard at the last sittings of the Maisiterbon Supreme Court. His. Honour, itater alia, said: "The transfer is eratiireily inconsistent 'with a, sale by tihe defendant Company as mortgagee. This being my opinion, the plaintiff's action foils. I may ,iadd, however, that at iseem®' to. me thiat as tie defendant company did not act as agent' in _ tihe completed sale to Holdjen it is plain that from ■the sale to (Bock there as money due tr the plaintiff, and unites® thie plaintiff agreed to give part of the proceeds 1 to Shier brother he cannot claim tihe £SO previously referred to. I mention these things in tihe ihope that some fair agreement miay be eomie to and further litiglation avoided. Judgment (must ibe for defendaait, with, costs 'according to scale, j "witnesses* 1 expenses' amd disfoureej Trier.ts for one dlay only." This was an action [brought 'by the v w!ho was the owner of a leasehold interest in land against iher third mortgagee for £577 13s sd, (being an alleged balance on a sale. -

Mr Page, of Ekietafauina, appeared for plaintiff, and Mir H. Smith, of Baliiatua, for defendants'.