LAW REPORTS.

Dominion, Volume 7, Issue 2247, 5 September 1914, Page 11

LAW REPORTS.

SUPREME COURT

NONSUIT IN AN INSURANCE CASE,

A claim for £263 16s, 7d., alleged to bo payable under'an insurance policy, was tho subject of a reserved judgment delivered by His Honour Mr. Justice Hoskuig in tlie Supreme Court' yesterday. Tho j)laintiiV was Fred Hague, carrier, of C'tiku, mid defendant was tlic Norwich and London Accident Insurance Association. At, the hearing Mr. C. B. Collins, of Marten, appeared for plaintiff, and Air. A. A. S. Mcutesitli''appeared for defendant association. The claim was for a refund of a. sum of £150 paid under an award of the Arbitration Court to tho widow of a workman who had Leon employed l>y plaintiff, and also medical and funeral expenses, totalling £263 lGs. 7d. 'in all. Certain issues were submitted to a, jury of four in Juno, and nfter these had been answered, counsel on Iwtli sides moved for judgment, the defendant's counsel also asking for a nonsuit. Legal argument on the law points, raised daring tho, trial, was heard by His Honour on July 17 last, In the Course of a lengthy judgment yesterday. His Honour held that the plaintiff had failed to make out his case, and should therefore be nonsuited.' As the trouble had been largely contributed to by the action of the defendant association's agent, His Honour allowed tho association no costs in the action. . • . ..

DIVORCE CASES

Two divorce cases were. dealt, with by Mr. Justice. Hosking in tho Supreme Court yesterday morning. Desertion, habitual drunkenness,.and cruelty were the grounds on which Elizaboth Mary Davcy petitioned for dissolution of her marriage with Jeremiah.Patrick Davey. respondent had given notice to defend, but. did not appear. Mr. T. 11. Wilford. who appbaredfor the petitioner, called evidence to show that the parties were married at Greyniouth iu August, 1898, and. subsequently lived at various places on the West Coast. . On October 4, 1010, petitioner obtainod a separation order against her husband on the "rounds of persistent cruelty and drunkenness. • Since <March, 1909, the petitioner had had to maintain herself and her children without help from her husband.. : : ' The. case was adjourned for, tho hearing of further evidence. In tho divorce case of Linda O'Kelly'. v. Edmund O'Kelly, adjourned from the previous week,.. Mr. Justice Hosking granted,a decree nisi, which may ho made absolute in four mouths. Tho petitioner was granted costs £15 and disbursements. Mr. T. M. Wilford appeared for. the petitioner, there being no appearance of the respondent.

MAGISTRATE'S COURT

■ A VARIETY OF CASES. ' Mr. D. G. A. Cooper, S.M., presided at yesterday's sitting: of tho Magistrate's Court. ' ■■ Edward May and William .Walters wore, each fined l'Os. for having used, threatening behaviour in Vivian.Street. For having , left a motor-car unattended in Manners Street,' James : Coutts Crawford was fiued 55.,' with costs 7s. ■ ' Arthur Ernest Fitzgerald was fined 55., with costs.7s., for having 'driven a' car on to tho Hunter Street'. taxistand when it was already fully occu-. pied. : For having driven a mdtorrcar without, a tail light, James .Procter was fined Is. ' . Tho keeping of an unregistered dog resulted/in William' Bodell.being .fined 10s., with* costs 7s. ' •'.'.' James Wood was charged- with failure to pay a tram fare. His. explanation to the ' Court was that another passenger was' to hnve paid his. faro. The ; Magistrate did not .enter, a fino against Wood, but ordered him to pay costs totalling £1 Is. ... . For insobriety May M'Manus • was fined £2, Mary Hunter £1, John Flanagan 10s., Richard Crooks £lj James: M'Michael' 10s., Charlos Fowler 10s., and Dan Donnelly 10s. . • A fine of £1 Was inflicted on Philip Hosking, for' resisting Constable Hall, who arrested him on a charge of insobriety. Walter Henry Smith, who was charged with having been 'found drunk while in charge of a horso and vehicle on Lainbten' Quay, was fined £1, in default three days' imprisonment. ■ John Hands, a seaman on'the Mokoia, was remanded on a- charge of having embezzled a rug (valued , at 11s. 3d.) belonging to tho Union Company. ,