ADDITIONS TO NEWTOWN LIBRARY.

Dominion, Volume 2, Issue 520, 29 May 1909, Page 15

ADDITIONS TO NEWTOWN LIBRARY.

/CLAIM:: UNDER; ii ;SUB-CONTRAOT.' "< : : , . .Yesterday: Mr.; Justice ; Sim. heard the action Richard Janies Grimroett; bricklayer and plasterer,.Roxburgh .Street, Henry" Heaton.Knight, contractor.'and tlio Corporation of.^Wlington.':< :; ■/:,;■:,.• ■.■••-■■• ■±-¥ r '' 9'^ ary - »PPe«red behalf of: plain- • ™ a "?. J 17, BeeTo for ' ™° defenddnts. . . Plamtifi, under the TVagM Prottrtion.and. :CODtractora'LieTis: Act, ekimed from de.fendants.:£4s2 ISs.-.fpr erfcrft brick work and concrete work alleged to hav-o been done iu sonneDtion .with tno additions to Newtoira .Public Library.,: :,;;..;. ; v '•..;.■' : ■•■■"■■■ ;._ The defendant; corporation paid into ; Court tne ■•amount claimed to: nbidd the deoiaion. said that plaintiff offered to.tlOitlie bnck work according to'the Bpcoifi,jations ;for £060, thovconcroto work for £205 .ieß.,'and-nn ; bolwlf of liis brothbr the plnstorIt wasallesod b/defenrknt -tlmt plimtiff .ma;]o.default,in complp.ting..tho ■bncklaycrs , work as requiretl bv tlio Bpeoifications. ■ In ennsequencehe (defen'danti •-:wes required ,tn .finish ;fto work n.ta cost of !* 'Mi-"JloEed that . plaintiff.foiled to build tho paths as was re- ; quired) i-.nd ho. (defendantV fad to carry out tho.irorkati'hn cost of £49 35.. The amount -diiß to'plaintiff:was, , ae asserted, only £370 •.Hβ;:'-6d.-'-- •:•'.':•■ ■■■- i .'' : ■'.'• v, , •.■'■'■■■■'■'■■' ■" :.-■ . ■-.■ •■ ..- HisFonour hoid that defendant Knieht ■wns er,htl#d to'make fhe deduction's whirn he chiir.H. Of thfi moneys paid into Court .plaintiff was,entitled only to £370.U5. od., >)Hje balance to go to defendant EJiight, .

CLAIM AGAINST PUBLIC TRUSTEE. : ]■■■■ Yesterday afternoon Mr. Justice Cooper commenced tho hearing of an action brought by Mabol Carrington Mutchinson against the Publio Trustee. . , ■''■■'-..■■■■ . \ Mr. Geo. Hutchinson appeared for plaintiff, and Mr. Gray and M\. Myers for the defendant. The facts were briefly that plaintiff is * daughter of tho lato William Booth, sawmiller, .Csrterton, who died in -March, 1903, and defendant is the executor and trustee, of the will.. By the terms of.the. Tyill, the defendant was requested-and empowered to carry'on, the business for not less than ten yoars from tho d*te of testator's death if it should coutiriue to be worked at a profit/ and aftowards for so long as ho deemed oxpedient. He was also authorised to use any part <if the'residuary ostato for the purpose of oarryine on the bueiaess. Under successive mtnsgors the business was carried on until September, 1908, when, owing .to various causes, defendant decided to disposo of it. For several years profits were shown, and payments on account of profits were made to .the iperaons entitled-under the irill to the income of the residuiry estate, viz., plaintiff and t»o sisters.; In recent years, however, the buames3, it appeared, could no longer bo carried on profitably. Plaintiff now alleges th»t the portion of .the capital employed in the business has be<!n lost, and that defendant should be ordered to refund or make good th*t loss. Defendant contends that tho management has been: prudent and careful, and th»t such losses its were made were unavoidable from various causes. .. : : ;The taking of evidence as to the value of timbw, rights,; tftc.. had not concluded when the Court adjourned until this morning.