A CONFERENCE.
ESTATE OF E. G. WRIGHT.
"RUINOUS FAMILY LITIGATION"
To permit the holding of a conference of counsel to all parties as to a possible settlement of all litigation, existing or threatened, in connexion with the estate of Edward George Wright, deceased, and his will, the hearing of the claim of Ethel Roberts, wife of Charles Clarendon Roberts, farmer, Ashburton, in the Supreme Court yesterday was adjourned by his Honour Mr Justice Adams until 10.15 a.m. on Monday. The defendants were the Bank of New Zealand; Harriet Myra Wright, widow, of Windermere; W. Nosworthy, farmer (also Post-master-General); Florence Jenny Myra Morgan, wife of William Arthur Morgan, farmer, of Mt. Soiners; Florence Barbara Morgan, and Harry Wright Morgan, infant children of Florence Morgan, and Lilian Kate Nosworthy, wife of W. Nosworthy. Mr J. H. Uphani. with him Mr h. W. White, is appearing for plaintiff, Sir John Findlay, K.C., with him Mr A. F. Wright, for the bank, Mr A, T. Donnelly, with him Mr A. C. Brassington, for Mrs Morgan, and P. N. Quartermain, guardian ad litem for her infant children, Mr G. T. Weston for Douglas George Wright, and Mr A. C. Cottrell for the trustees.
Tho Bank of New Zealand, in its statement of defence, denied that it obtained authority to uso the name of the defendant Harriet Myra Wright in cabling the plaintiff to send out a power of attorney. The defendant H. M. Wright for her own convenience appointed as her agent Douglas Standage, an officer of the bank, to send the cable on her behalf and to sign, her name to it. The bank denied that the plaintiff was in complete ignorance or had inadequate knowledge of the state of affairs, but, on the contrary, was in constant communication with her mother.
When the hearing of the case was resumed Mr Upham said that counsel for defendants other than the Bank of New Zealand were prepared to join in the application for adjournment. Sir John Findlay said the Bank of New Zealand consented to this adjournment for the purpose mentioned, but stated that as was Bet out in the Bank of New Zealand's statement of defence, any reflection or imputation of any kind which had been made, either in pleading or in evidence against the bank or its officers, was absolutely groundless, as would be shown if the case had to proceed. While, however, the bank emphatically denied these reflections and imputations, and would prefer the opportunity of disproving them upon oath, the bank was as anxious as the other parties to the proceedings to have this ruinous family litigation finally and amicably ended. Sir John Pindlay's Complaint. Sir John Findlay then madto reference to the report of the case published in an evening newspaper. It was customary, he said, to make such reference when the course of justice was seriously threatened by indiscreet newspaper reports. The newspaper mentioned had quoted the charges of impropriety against the bank over the power of attorney in the statement of claim, without publishing the statement of defence. His Honour: They gave tho poison without the antidote. I noticed the report. I( The statement of defence denies all this, but it was not quoted at all," said Sir John Findlay. "I am saying this with the consent of Mr TJpham." The ordinary reader would carry away the impression that the bank had been guilty of some gross impropriety and its officers of misconduct. "It was most unfair to us," said counsel. The Judge agreed with what had been said. Reporters were often under considerable difficulties in selecting from the material available that considered suitable for publication. Wihen dealing with this case, or any other case at all, no publication should be, made of the statement of facts on one side withdut some publication of those alleged by the other side. In such circumstances an undue prejudice might be created. While this was nofe a jury case injury might be done to the reputations of individuals or of corporations such as the Bank of New Zealand. Care should be taken at all What had been done had been done inadvertently or without consideration of the aspect which would appeal to a lawyer. His Honour then adjourned the case.
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Bibliographic details
Press, Volume LXIII, Issue 19180, 10 December 1927, Page 17
Word Count
709A CONFERENCE. Press, Volume LXIII, Issue 19180, 10 December 1927, Page 17
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