LAW REPORTS.

Dominion, Volume 7, Issue 1880, 14 October 1913, Page 11

LAW REPORTS.

COURT OF APPEAL LATE CAPTAIN READ'S WILL. The Court of Appeal resumed its sitting yesterday aftoriioon, the Full Bench having been engaged since Friday afternoon in hearing a motion for contempt of Court brought by tho At-torney-General. The Chiof Justico (Sir Robert Stout) was associated with their Honours Sir Joshua Williams, Mr. Justico Denniston, Mr. Justice Edwards, and Mr. Justico Sim. Tlie case was on which h[ut been removed from the Auckland Supreme Court. The plaintiffs were: John Lucas Read Bloomfield and Ernest Elbert Reginald Read Bloomfield, and the defendants were William Read Bloomfield, Georgo Fredk. Read Bloomfield, Honry Herbert Read Bloomfield (Auckland), Mary Bloomfield (Gisborne), widow of the late Thomas Edward Road Bloomfield, Mrs. Flora Bright, William Swanson Rcid Bloomfiold, Henry Ernest Road Bloomfield, and Norman Read Bloomfield, children of Thoma's Edward Head Bloomfield.

Mr. T. Cotter, K.C., with Mr. Fair represented the plaintiffs, John Lucas Head Bloomfiold and Ernest Albort Reginald Head Bloomfiold, and also tho second and third defendants, G. P. 11. and H. H. It. Bloomfield, who were in the 6ame position as tho plaintiffs; Mr. 0. I'. Skerrett, IC.C., with Mr. G. H. Fell appeared for tho widow (Mary) and children, who were tho remaining defendants ; Mr. C. B. Morison, K.C., with Mr. H. Buddlo appeared for tho eldest son, W. J. Bloomfiold; and Dr. J. It. Itead, K.C., with Mr. Smith, appeared for Hilda Isabel Bloomfield, the only child of William Head Bloomfield, the defendant. Mr. Cotter stated that this was an. application to determino certain questions arising out of the interpretation of tho will of the late Captain Read. The difficulty was that tho eldest nephew of Captain Bloomfield at the timo of Captain Read's death, was not tho eldest nephew at. tho timo of tlife death of Mrs. Bloomfield, tho lifo ten mi t, and there was also further difficulty that the valuo was to bo deducted from tho share of tho child succeeding to .tho estate. Tho testator was Captain Read, who died, leaving a sister-in-law (Mrs. Sarah Bloomfield),' wifo of Captain T. It. Bloomfield, who had six children, tlio eldest of whom (Thomas) died leaving a widow (Mary) and five children, one of whom had since died. All the parties were represented, except Noko, tho widow of Captain Read, who died from ten to fifteen years ago. They were asking the help of the Court by putting the following questions:— Subject and without prejudice to the rights, if any, of tho legal representatives of Noko, tho widow of the deceased, can the whole of the parties hereto, by proper legal documents, bar tho entail and confer an estate in feo simplo on a purchaser of Matawhoro Estate? Can tho compromise and family arrangement to be effective by tho agreement between the parties to this action'bo approved? » Can tile trustees undor the will of Georgo Edward Read join in giving effect to tho' said- compromise and family arrangement? The Chief Justice intimated that the Court would agree to this compromise, nono of tho other counsel offering any objection.

LAND DEAL. AND A DISHONOURED CHEQUE. Another Auckland case ocupied the Full Benchj during tho reßt of the afternoon, this being an appeal against a decision of His Honour Mr. Justice Edwards in a case heard at Auckland. Tho appellant was John Thomas Stembridge, of Pukekohe, clerk to tho'Franklin County Council, who was represented by Mr. C. P. Skerrett, K.C., with Mr. Fell, and tho respondent was Donald Ewen Morrison, farmer, Paparimu, who was represented by Dr. Keaa, K.C., with Mr. I'err^. Mr. Skerrett, in outlining the dispute, said that on Dccombor 10 tho land was offered by public auction, but was not sold. On tho following day, howover, it was purchased privately by respondent for £700, who handed in a chequo for £50 in tlio presence of tho vendor, but after tho latter had left lie asked tho auctioneer's clork to collect two accounts duo to him for £49 18s. Gd., and uso that as the deposit instead of tho chequo. Thoso acoounts wore collected, but tho money -was used in paying for goods amounting to £10 lis. 6d., which Mr. Morrison had purchased at the sale tho previous day, and the cheque, when presonted at the bank, was dishonoured.

Sir. Justice Denniston: That looked as if they were not satisfied with the purchaser's credit.

Mr. Skerr«tt: Tliat is so, but it was not justifiable bpcauso the understanding was that tho £49 18s. Gd. should be collected and' used as a deposit. Continuing, Mr. Skerrett said that Mr. Morrison wroto objecting to what had been done, and promised to pay the balance in a month's time, which he did, but in tho meantime Mr. Stembridge found that the chequo was dishonoured and-rescinded tho sale. Respondent, therefore claimed that Mr. Stembridge should execute a conveyance of tho land in his favour and claimed £153 as damages, being the value of tho oats out and sold oil the land, £100 for tho deterioration and loss of uso of tho'land, and cost of tlio action. Judgment was given in Mr. Morrison's favour, Mr. Justico Edwards ordering an inquiry as to what damages had been sustained by reason of Mr. Stcmbridge not having performed his agreement. The hearing was adjourned until 10.30 this morning.