CASE IN CHAMBERS

Dominion, Volume 10, Issue 2908, 21 October 1916, Page 14

CASE IN CHAMBERS

INTERESTING LEGAL TOINT. Before uio Chief Justice (Sir Robert Stonl) in Chambers yesterday aftcnioon an interesting legal i>oint was submitted for his decision. The case originated by way of summons, and the facts were that a claim for damages for over £1000 was brought by It. AV. A 7 oung against 11. A. Monro for an assault committed by the latter. The case was fixed for hearing at the Supreme Court, Blenheim, in June last, and two <Tays before the hearing the defendant, Homo, paid into Court £175, with a denial of liability. On the morning of tho day fixed for the hearing, Monro committed suicide. Seven days after tho payment of the money into Court the plaintiff, Young, notified defendant's counsel that ho would take the amount (£175) in settlement. The question before the Court yesterday was whether tho £175 paid into Court was the property of the plaintiff or of tho representative of the defendant. It was contended by Mr. H. I<\ O'Loary, who appeared for Mrs. Editli C. Monro, widow of the deceased, that the death of Monro abated the action then pending in the Supremo Court, and thorefore Young had no claim to the money paid into Court. Mr. C. H. Mills, of Blenheim, for the plaintiff, Young, conceded that the death of Monro had abated the action, hut maintained that tho money paid into Court was a conditional payment to. the. plaintiff, and the defendant, having admitted tho assault, though pic "ding provocation, and the suicide of the defendant having caused the action to ■ abate, it was beyond the power of the defendant's widow and executrix to show a better right to the money than that possessed by the plaintiff. His Honour reserved his decision,