COURT OF APPEAL

Dominion, Volume 8, Issue 2282, 16 October 1914, Page 3

COURT OF APPEAL

AFFAIRS OF A FRIENDLY SOCIETY A COMPLICATED CASE. Certain questions of law, stated by agreement as a preliminary to an Auokland Supreme Court action, and subsequently removed into the Court of Appeal, came on for argument in Wellington yesterday beforo Tlieir Honours the Chief Justice (Sir Robert Stout), Mr. Justice Dennis ton, Mr. Justice Edwards, Mr. Justice Sim, and Mr. Justice Hosking. The plaintiffs in the action were Thomas Battersby, Charles John Strong, and Albert Bimis Doughty (trustees of the Loyal Fountain Friendship Lodge No. 3920, Auckland District of the New Zealand Branch Manchester Unity of the Independent Order of the Oddfellows' Friendly Society). There wero two classes of defendants. The first were Frederick J. Wheatley, William Perry, and Thomas Aiitken (trustees of the Auckland District New Zealand Branch M.U.1.0.0.F.). The second were Frederick J. Caterer, Isaac Clark, and William Harrison Madeley (trustees.of the New Zealand Branch M.U.1.0.0.F., by order substituted as defendants for David Pell Loasby, James Marshall, and Isaac Salek). Mr. P. Levi, with Mr. Robert M'Vcagh, of Auckland, and Mr. R. L, Ziman, of Auckland, appeared for the nlaintifrs. Mr. N. L. H. Biss, of Auckland, appeared for tho trustees of the Auckland District Society, while Mr. C. i P. Skerrett, K.C., with 'him Sir Kenneth Douglas, appeared for tlie secondclass of defendants, the trustees of tlie New Zealand Branch (parent body). • From the facts before the Court it appeared that the Loyal Fountain of Friendship Lodge, which has a membership of over 670, was founded in Auckland upwards of 70 years ago. It is now desirous of seceding from the parent body (the New Zealand branch M.U.1.0.0.F. Friendly Society), and registering as a separate friendly society. The rules of the order provide that certain proceduro has to be followed with regard to t'he funds. The papers were referred to Antonio Thomas Traversi, who holds tho position of Actuary of Friendly Societies under the Friendly Societies Act, 1909, and the question arose as to whether ho proceeded-in a proper manner in ascertaining the amount (over £2000) involved in the secession. Legal argument proceeded throughout the day, and had not concluded when the Court adjourned. until this morning. A SOLICITOR'S CASE. ACTION BY LAW SOCIETY. In the Court of Appeal yesterday, Mr. H. F. .Von Haast asked leave to mention the case in re the Law Practitioners Act and Robert Taylor Wood. .Since the argument, said Mir.' Voii Haast, tho Now Zealand Law' Society had received a communication from the lnvercargill Law Society saying _ t'hat there wero certain matters which it was desired to place boforo tho Court. Tho New' Zealand Law Society, which was moving to have Wood struck off tho roll, therefore asked leave to_ file a further affidavit, and to mention the matter again when Mr. A. W. 'Blair (counsel lor Wood) had had an opportunity of replying to it.Mr. Blair had no objection to offer. Ho stated that he had now some particulars of the theft for which Wood had been convicfcod, and it would probably assist the Court if he filed an affidavit in regard to them. The Chief Justice said that it would be as well if the affidavits mentioned by both counsel wero filed. Leave was accordingly granted. y FIXTURES MADE. In the- Court of Appeal yesterday afternoon, fixtures were made as follow: — Tuesday, Ootober 20.—Gillies Milking Machine Company v. Gane Milking Machine Company. Monday, October 26.—Stanley Stamp Company v. Brodio. Tuesday, October 27.—M'Lean v. Miller. To be followed by the Onehunga. Sawmilling Co. v. the Official Assignee in the estate of M. H. King.