AN AMUSING CASE.

Waikato Times, Volume 96, Issue 15353, 29 September 1923, Page 3

AN AMUSING CASE.

ACTION AGAINST MONKEYS. ALLEGJED BREACH OF AGREEMENT. (Special to Times.) MELBOURNE, September 15. Amusing remarks were exchanged in the Melbourne Practice Court during proceedings arising from an action instituted by Ben and John Fuller, Ltd., theatrical proprietors, against Frank Everest, vaudeville entertainer, for an alleged breach of agreement. Mr Eager (counsel for plaintiff): By an agreement, Ben and John Fuller, Ltd., engaged Frank Everest’s Monkey Hippodrome Mr Justice Schutt: That is not a corporation! (Laughter). Mr Eager: No, but the plaintiff company claims an injunction against both the defendant and his monkeys. It is alleged that Everest and his monkeys have broken a clause of the agreement by appearing elsewhere (Laughter). Mr Justice Schutt: You may say that the performance of these monkeys amounted to a non-performance of the agreement. Mr Eager: It is alleged that Everest and his monkeys threaten to perform elsewhere in breach of the agreement An obvious inference is to be drawn from the fact that he has disappeared.

Mr Justice Schutt: You would have to call evidence to Identify the monkeys.

Mr Eager: Once a member of the troupe, the presumption would be that a monkey would remain a member of the troupe. Mr Justice Schutt : Once a monkey always a monkey! (Laughter). Small wonder that the sense of humour of Mr Justice Schutt was stirred at legal proceedings against monkeys I