RESERVED JUDGMENT

Dominion, Volume 10, Issue 2912, 26 October 1916, Page 9

RESERVED JUDGMENT

AN AFTERDEATH DISPUTE

The Chief Justice (Sir Robert Stout) gavo judgment yesterday in a case iu wfiich the. Court was asked to dotormine a question of praetico. The main facts wero that in Juno last in

tho Supremo Court at Blenheim, a case was to Iflive been heard in which 11. W. Young claimed from H. A. Munro a sum exceeding £1000 for assault. Two days before the date of hearing the defendant Munro paid £175 • into Court, with a denial of liability. Oji the morning of the day of tho hearing defendant committed suicide, and seven days after the payment of the money into Court plaintiff notified defendant's solicitor that lie would accept the amount in settlement. The question that tho Court was asked .to determine was whether tho £175 paid into Court was the property of tho plaintiff Young or the representative of the defendant.

At the hearing Mr. K. F. O'Leary, who appeared for Mrs. Edith C. Munro, widow of ITio deceased, submitted that tlie death of Munro abated the action, and that Young had no claim to tho money. For the plaintiff, Mr. C. H. Mills, of Blonheim, admitted that the action Katl abated, but contended, that the money paid into Court was a conditional payment to the plaintiff, and tho defendant having admitted tho assault under provocation, tho of tfie defendant having caused tho action to aTTaTe, it was beyond the power of the executrix (Mrs. Munro) to show a

better right to the money than plaintiff.

His Honour, in his judgment, held that as the money had been paid in with a denial of liability, it did not become the- property of tho plaintiff, until notice of 'acceptance had been given by him. Notice had. not been given by plaintiff until after the death of the defendant, when the action had abated, and the notice was therefore of no effect. His Honour, therefore, hold that the money became, immediately on defendant's death the property of his executrix, and an order was accordingly mado for the money to be paid over to her. '

ALLEGED BREACH OF CONTRACT. Further consideration -was given by the Chief Justice (Sir Robert Stout)' in the ease, partly heard, of L. F.. "VVnl ? lis and Co., Ltd., v. The Dominion Motor Vehicles, Ltd., a claim for £9875 damages for alleged breach of agreement. The case was further adjourned for the. purposo of hearing the evidence of Cyril "W. Bradford, factory representative of the. Chevrolet Motor Co., New York, such evidence to bo taken on commission beforo the Registrar at Wellington at a date to be fixed after Mr. Bradford's arrival in New Zealand : alternatively, the .parties, may agree -that the evidence should bo hqard by a Judge, defendant in the meantime to give the customary security. I' '' AFFILIATION CASE ON APPEAL. This was an appeal against tlio decision of Mr. W. G. Riddell, S.M., who adjudged the defendant, a member of the Expeditionary Force Reinforcements, as' the' father of complainant's child. The appeal was on the grounds that there was no evidence or not sufficient'evidenco to corroborate the complainant's evidence in some material particular, and that on the whole evidence the Court was not justified in finding that the defendant was the -father of complainant's child. Mr. P. W. Jackson appeared for the appellant, and Mr. J. J. M'Gratli for the respondent. . After Mr. Jackson had .finished his argument, His Honour intimated that it was not necessary for the respondent to call evidenco, and Mr. M'Grath did not offer any argument.

His Honour, in dismissing tho appeal with £8 Bs. costs, said'there must no in tiiese cases corroborative evidence. There were two witnesses tendered to give corroborative evidence, and they spoke about the familiar conduct of the appellant, and that has been held to be sufficient corroboration.