LAW REPORTS.

Dominion, Volume 4, Issue 1065, 2 March 1911, Page 3

LAW REPORTS.

. SUPREME COURT. A MERCHANT AND HIS MANAGERNOVEL POINT OF LAW. An application was made in Chambers before the Chief Justice (Sir Robert Stout) yesterday in tho civil case, Herbert Gladstone Hill v. J. B. MncEwan. and Co., which case had been set' down for hearing before a jury. The statement of claim sot out that the defendant company owed plaintiff •£sl Bs. lid., balance of salary am! interest from February 28, 1910, to August 31, ■ 1010, this being at the rate of JMOO a year. The defendant company denied that any sum was' due to plaintiff either for balance of salary or otherwise. In a counter-claim defendants set out that, about March 2. 1910, they had engaged plaintiff as manager of their butter department for a term of one year. About August 31, 1910, plaintiff loft their employ without just cause, thereby causing them loss. About August or September, it was further alleged, plaintiff wrongfully induced one Edgar H. Barton (then their town' traveller) to leave their employment. Defendants claimed .£IOO on each count. The defence to the counter-claim set out that plaintiff's engagement was a general hiring. .Plaintiff admitted leaving • defendant's employment, but denied that his leaving was wrongful, or without just cause. He did not know whether (and, therefore, denied) that, his leaving has caused loss to the defendants. He also denied the last allegation in the counter-claim. Mr. A. Gray, with Mr. W. H. D. Bell, appeared for plaintiff, and .Mr. A. Blftir, instructed by Mr. Samuel, for defendants. ; Miv Blair made application that: Hie Mieniled statement of claim be struck ont on the ground that the addition of the claim for interest, set up a new cause of action. . Mr. Gray remarked, that amendment did not introduce a new cause of action as; the interest was merely an accretion of salary, and was claimable under the Interest and Money .Act. The substance of the point was that defendants objected to trial by a jury, which plaintiff was entitled to have in a claim exceeding «£SO. . , , His Honour said that the point was a novel and important one. He would reserve his decision 'until 10 o'clock this morning. '

ACTION FOR LIQtiL. AN ITALIAN'S LAW SUIT. When the case Gini Angelini v. Carlo Antico (a claim for wEpOO damages' for libel) was mentioned in open Court, Mr. Hindmarsh, who appeared for plaintiff Angelini, remarked that ho was unable to go on at once. An amend«l_ statement of defence ..had been put in the previous evening, raising a plea of justification. He" was not prepared to meet this plea at once. The only questions raised in. the first instance were privilege and no libel, but now, at the eleventh hour, an'amended statement of defence was filed, which would necessitate his calling a; number of witnesses. His..Honour thought that it was only right that Mr. Hindmarsh should ask for time in -,the circumstances.

. Mr. Ifindmarsh remarked ha would prefer to have the case adjourned until the next sittings. Mr. Fair, for defendant, urged that the case • should be brought on at once.

His Honour remarked that defendant was to blameifor not having put in the facts •of justification before. The casa would stand'down until tho nest civil sessions. ' KARORI TRAM LOAN. COUNCILLORS AND EEISSUE OF v bonds. A-suit arising out. of a question as to whether tho -Karori Borough ' Council could legally cancel certain debentures issued' to the Union Bank of Australia and issue fresh bonds to the A.M.P. Society, under Section 25 of the Local Bodies' Loans Act, 1908, came before., the Chief Justice in Banco yesterday. The facts were not.disputed. On July 28, . 1909, a poll of tho, ratepayers of Karori decided oil raising a special loan of .£27,500 for tramway construction, ami the purchase of a stone-crushing plant. The qouncil proceeded to carry out the work, and, for that purpose/raised certain money from tho bank under deed of hypothecation, as provided by tho Local Bodies' Loans Act, debentures bearing interest at 5 per cent, being issued for the purpose. At length the Borough Council arranged with the A.M.P. Society for tho entire loan- at 4J per cent., and,\in order to give effect to this arrangement, desired to cancel the debentures issued to the bank, so as to jssue fresh debentures in favour of the society. Tho Court was asked to rule whether this course could bo lawfully taken. If not, tho Borough Council wished to know whether it could, by;endorsement, on the debentures, alter their currency, or their rate of interest. Section 25 of the Local Bodies' Loans Act reads:— "Pending the raising of any special loan, tho local authority raising tho same, or such agents as aforesaid, may borrow any sum or sums of money not exceeding the whole amount authorised to bo borrowed by the hypothecation or mortgage of any debentnro hereby authorised to he issued." Mr. A. de B. Brandon', who appeared for the Borough Council, contended that the debentures were not issued until they Teached the hands of the party who was making the permanent loan. Mr. M. Chapman, K.C., who appeared with Mr. S. A.' Atkinson for the A.M.P. Society, contended that tho wording of the section meant that the debenture given for the temporary loan was the attual debenture which had to be taken by the permanent lender. It appeared as though the Legislature had failed to profide for such a contingency as had arisen. His Honour reserved his decision.