SUPREME COURT

Dominion, Volume 7, Issue 2172, 10 June 1914, Page 11

SUPREME COURT

THE FAMILY PROTECTION ACT. CLAIM BY WIDOW. An application tinder tin? Family l'roteution Act cctnjc before His Honour ■the Chiel Justice (£ir iioherfc Stout) in tiio Ctivirt yesterday inerning. The plaintiff was. f-kirah Ann Green, of Jkills, widow <arf James Green, bootmaker, «r Martin.bo rough; And. i,ht> deiendants were David Jaws Gsr-en n| Martin borough:. Samuel Koy Gawith, solicitor, <j{. Martiniioroagk; Sarah iicre.siord If-dberi, wife of Charles Ihilnert, farmer, of Martin borough; pid Jlaggio Anieljii Tyler, wife of John J'/rnest Tyler, coach-proprietor. of M.n.rtmborough. (i, J. Greftii and 8. !{, «awrth wore executors al tiw cistate, ?! , ''reel!, Mrs. Huihert. and Mrs. lyler, beneSeittties, with plaintiff, undor the wjii.

■- le , Wiirse of proceedings., it was indicated tliat tJio testator, James Oreen, eft an t> s tuie of £6198, a.nd one-tenth was bequeathed te Mrs. trrcen, his widow, She- asked that pro- \ ision (by Juwp sum or otherwise) life made out of the estate for her proper maintenance. Her husband had died on March #,1913, wirfjout making ade*. quato provision in that respect- In a. supporting affidavit, Mrs. (ireon stated that, prior to her marriage with Ja.nleg ureen, sho' was xnarried to his brother, J nomas Green, of Mangaw jka. hlackior!- K ad "' ll Apr.ilj i-/i" 1 WMrrkiKo sh® had 1 ' lour cliildren, n*ksse ages wo iww i§, 10, '13, and 9 years respectively, From tho estate of hjr first husband sho iiiid received £3JO lifo iu;sßrajtc.e rnoiTfjys, £400 from the sale of a ailtatte'at Mangaweka, i'3'JU frow . book-debts .of deceased's business, jtaid £,10 i'rom fhfc sale of furnifurfi.. At .the iweseni time, however, she was without means.. ' ,^ 1- . D. 'iSeill apii.carcd for plaintiff, and Mr. C, J?. "SkcrMttj K.C., with Mr. G. Samuel, for the defendants.

During tho fteawig, it was stated that when plaintiff married James Green in 1308 lie was- fton 55 yesrs of age, and was iii lil-h&alth, 4eath occurring five years later. Besoro Mafrying plain till ho had been a widower for ov.u- 20 years. In support of' the applicat ion, il was •submitted ■ by Mp. •Bell that n-ndor an intestacy tlio widen 7 wfiuld- have. entitled to one-third of the estate, and counsel cited cases where tho Court had varied the conditions <jf a will allowing a widow an even greater sum than she would have- rcccived tinker ail intestacy. On tho other Ira,tod, Mr Skorroit $tffrmitted that tho facts that plaintiff had entered into testator's life only fivo years before his cleatlj, and baa j?ot assisted in tho bniMiiig up pf his ibrtune or tlio rearing of his children were, lpattcrs that mlist bo taken into consideration in •detc-finiiuiig what was -a just proportion of ihe estato. to allocate to tlio widow. His Honour reserved; decision, '

HAMBtIRC PlfiNO. AND THE BILL OF LADIN'G. \. . On. September 22 last year tho late Dr. Jl'Arthur, S.M.. heard an action which was 'brought- !n the Wellington Magistrate's Ooart by 0, W. Wallt'et against tho Shaw, gavill. atii Albion Company, Ltd. In this case, plwintiff claimed value «f a piano, ©r its ret-urn, and damages fof its . Tho ■ caso- was decided -by tho Magittra-to- iil.--tho Shipping. Company's ■ favi-ur, hut shortly afterwards-, and bofox-a steps for appoal could be Dr. M'A-rtliw died. An appeal -against the..decision, of the Magistrate was heard by tho Chief Justico -in t-lje Bupremo Court yesterday. ••. - . Mr. D. M; Findlay appeared for appellant, and Mr.'H> E. Evans for tho respondent shippni;;. company, ' The facts, as indicated by ihe proceedings, were that appellant Walker had becomo the holder of a hill of .lading for the piano in question before, it, alone with others, arrived' in JSe# ZealanC The goods were shipped under a hill of lading to A. It. Ljglit, tradiiig a-s the Dominion Pnno Ccmpiny Tho freiglit was .paid.' Qli .sMptnent at Ham-burg,-but, on arrival iii Now Zealand, deliver}' was stopped hj ~the shippifli| company on behaif of tfe-'sMpper,. pending repayment of freight. Tlio question at issue was p!ai:ntiif, having become ppsssssed; <if tfe Ml of laij" ing, ivas entitled to' claim delivery of 'the piano' without 'reimbursing tlio shipper of tho goods in Germany. '.After argument, His Honour reseated judgment.

ADVERTISING Crt-A-fM, LEAVE TO COMMENCE ACTION. In the Supreme. Cqwt .yesterday tie Chiof Justico heard, an S-ppJieatign-froin. H. E. Gcddis and Co., Woiiingtoii, printers and publishers, for leave ta. commence an action, against H.eiwy Foilder and Co., Ltd. (iii voluntary liquidation), upon the ground :—Tliat tho company is inde-hted to the ajfipK*cants in tho sum of £66 o.s, 3d. for advertising done for the.company at its request, and that-, the liquidator lw-s declined to admit proof oi such debt. . Mr. G. Samuel apposred in S.Bpiport of tlio application, which was granted, with- £1 Is. costs and disbtifs-sttiemt-s, to bo paid by tlio vanquished.