LAW REPORTS

Dominion, Volume 2, Issue 513, 21 May 1909, Page 9

LAW REPORTS

' .■"- — + '„,." • SUPREME COURT. ! '■■■/.'"Y/BE GEAR WORKS ACCIDENT. >'- : 'DEPENDENTS:RECEIVE £800. '. '"' ...Upon, the civil sittings being .resumed bo-: foro Mri Justice Cooper yesterday tho action bofcwecn Agnes Wilson and tho Gear Meat j Company/was mentioned. This wa3 originally a olaim for £2000 damages consequent on" tho death of plaintiff's husband through tho collapse of o; roof ■ on defendants' property. The action had been settled by tho payment into' Court by defendants of the sum 'of ,£BOO. Defendants had also agreed to pay part of plaintiff's costs. Whatremaincd now to be wasto\ have the amount apportioned between plam.tiffi p,nd hercliildren.; /■•,:.. ' ■■ .;... "Mr.- Wilford : appeared :'orf, behalf 'of : plaintiff ; .'Mr/'-Cracrofi' Wilson 'for "her children; and Mr. Martin for tlio/company.; /Mr. .Wilford asked that £600 should be awarded .to plaintiff and £100 to each of the children/Eileen arid Douglas: '..' His Honour said thatlie, could not make .the lapportionment ihthe';manner suggested. "There. i» /always a : danger," he added, .'.'of a' widow marrying again." -'"•,•■'• ,:' '' .." /Mr.i Wilford: I would not say "danger," , your' Honour. ■.''..;.//. .. ... His. Honour: .Well,-a prospeot-r-a possibili ity... 'Alld.theh--:! don't'.sajv it would applyin this case—-when ,re-marriage takes . place the children may: not be so well looked after. . Mr. Wilford remarked that.it was clear that:the interest on the money would not "be:: sufficient- to' .Mnaintain ' the' depend-' ents." •"/ ■:, Hi 3 Honour, said that he-proposed to award about "a/third of/the money to plaintiff for her own use. , '■ Mr. .Wilford,: Could your Honour not increase, the, amount?'; "/'■"'■: ',' ..'."/.■:"-" " ./His HqnoOr: It is not unusual, for compensation' nionoys to/', bo invested in busi-' :ness. ; As bad bargains are. sometimes made, I must not allow tho fund to;,bo , unduly de,orelised,' as. the; children must bo protected. Some,women are very sh\'ewd; some'are very guileless.; Por, aught I k.i.ow, plaintiff may be'iwell able/to -mauagb/Vho whole of the fund.:.■;", ■,/.,;:;:;../,-:;/ ,•■;> . --,■;■■ : ; Ancorder.was.thon.niado.as follows:, That £250 of.the,residu6'of;'tho fundi.after'pay--ffcrit of taxed.costs 'should be/paid to the widow for her own use and benefit;/the balr ancd: to. bo paid .to the Public Trustee in. trust for the : two, children in. equal, shares ; the'. Public Trustee to be.entitled in his absolute; discretion to. expend out of such amount such sums .as he shall .think fit for tho support, maintenance, and advancement of, each of the children, with liborty to resort to capital as well as/intorest, and with power to/apply,to the"Court/at any.time for further>direotions;V:;/:/:,;" :/:.,': "V/ : :".;;•';;■■';."":' ■;:./'■ SALE;OF. A,PROPERTY. ■■'.;'■■ . /^ALLEGED/BREACH ■■ OE AGREEMENT., 'The hearing of tho action between Andrew Sellars (who .was represented by Mr..Skerrett I .K.C.j'-.with him, Mr. M'Lean) and the Kelburne Estate Company, Ltd.-.-.(for:whom , Mr./ Young , appeared)/, was /then -proceeded /with. ///-■..//:;:;.:;/.;,": ■'.*'.. ■./■.'/■'!■ •/ / According to- the statement of, claim, plaintiff, through/Mr.' F.: East, agent, purchased :frwnV.defendants two sections, numbered 34 .and;3s; whiob^had:a.frontage of. : 80ft.- to .Bridgb.Str'eet.'/.lt was/alleged that Mr. East told/plaintiff./that/it/would bo possible to ei'cc'tv/threo'/hpuses'-.bri..the property, two .facingv.Bndgp'.Str.t.oti/arid the third on tho high: ground:-.' at ''Prior to purchasing thopronerty./Mr.'Eas't, it was alleged, explained/that '.it rjralss proposed to fill in. tho hollow,.;iri:the//seetipris,'alsb others adjoining them,'J.witH /spoil'frprii a,sand-hill,'.two : hundred: or; threo hundred yards: distant; '^ no contract/for filling iri tho: sections was offorcd •to/plaintiff's;firm at the rate of .Is. 2d. per .yard//bub:it was;'nei^r-..asked to go on. with jthe/wprk;/': Upon"complaint .that tho work had;not been, commenced, defendants made a ' written/acknowledgment ;of tho al'rangemerit'://>,Last June defendants started to 'fill in' tho, sections,, not .with spoil froma'sand- . hill ■-.&tt■'; adjacent' property, but -by cutting into'the; high : ground at the back of.the sections. ./Plaintiff/claimed either the.rescission.of/the.^oritrafct,. with Returns of deposit, £134, arid'/'da'iriages' totalling £50,'-or, 'in tho alternative, £140 for .breach of warranty. - Mr.-Skerrett;-;in .openingj stated that the point: in dispute/was; whether 'the collateral' arrangement,;;nbt, expressed in writing,' was' a', contract: to "fill,;in the - sections with outside:.spoil, .or whether, the.contract 'was to .nil in tho .sections by., cutting • away ■" the bank ,at ; , the back of the sections. ,■'•■ Upon .oath/'plairitiff,'stated.that ho 1 would Uot.have purchased'tho.sections but for the arrangement : whioh: he had mentioned with regard to filling in. :,; : :::>'/; ~',pthor/evideu.ce was. given in support' of : the-claim.;/// ', ■; ■ : , ;. ~ : the ; case'for the defence-, Mt: :Young ..said the/;.agreement' to fill, in the .seotions/.-whs ,a/: collateral,: agreement with the'i agreement:, to purchase:':/The ■ seotiolis wore to ;bo;hllo.d .in with spoil from the hill on/the property/which' work' had been'oroperly .done./;/',::,;./,.,. ;. ,; /Francis/ 1 East //deposed:,. that ..at ; the time ot ..the transaction/plaintiff ''asked how the sections :wero : going to,, be' filled in." Witness /drew/.a. 'rough; sketch/: showing how : the, work would 'be dqiie./; It was .mentioned by lum that .the spoil would be got from the.biUat tho rear of the property. . Noth:ing;was.said;as''to:who:was.to dotho work • Aa -a.jre'sult of.tho ,w;ork.that had been done' the,value of the'seetions'.had'been enhanced' i,f t . thls ', sta go.,the,;Uourt' adjourned untijthis morning. :,>■':'; .

IN;CH^MBERS,

_- A fitting;' iiv Cliambers'.was held by Mr! Justice. Chapman'yesterday. J. • ■':.;. One of the, -matters, which, came.up for consideration: was a summons arising out of the bankruptcy ,of J;-, J. Paterson", solicitor, and sawmiller, Dahnevirke. .This was: a summons by the Deputy; Official/Assignee calling upon the manager/of,the'Bank or' New Zealand at Uanhcvirko to show cause why he should not give information as to the, bankrupt's' trust :acCount. .Upou.tho ground that the trusteecount did not: contain any moneys' belonging to the bankrupt, the hank had refused, to givo tho information sought..' Mr; -Herdman appeared in. support of - the summons, .and Mr.' Ostler to oppose."'His Honour; made ah order for the inspection of the account, but allowed tho bank two guineas COStS.:?.-:. 1 .;•':' : : : •""' ■ .':' . : ..-.:.. .'..':. Application -was mado : on behalf :of tho Assignee to have'the evidence of H. W;. ~4'rotman,- confectioner (bankrupt), .with regard to a transaction between A. S. Paterson'; and. Co. arid -himself, takeii before tho registrar..,; The .transaction refated to a paypient of £154 12s. 6d. (which -'was. made not in money: but by.'goodsVironi debtor to the company. .It was; contended'that'.the trahs-' actiou.was void,, as "against' the Official Assignee, on :the-ground that it was allegedly a. fraudulent preference, or ;against the policy of _the. bankruptcy - laws. ■ ■-'-■. The ground on which the application- was made was that debtor'• had'' accepted: an appointment on a vessel leaving Lyttelton for England on Juno 10. •By consent an: order '.was mado' as' R'2 7^-..'': -? rr ''' yon ' Haast appeared for'' : the' Official Assignee,.and Mr. Dalziell for Messrs. A. S.-Paterson: arid: Co,