TELEGRAMS.

Hokitika Guardian, 2 May 1922, Page 4

TELEGRAMS.

[by TELEdItAI'H —PKft PRESS ASSOCIATION. appeal court decision. WELLINGTON, May 1. In the three eases against Northern Steamship Coy., heard- on April 7th. claiming damages for failure to receive fruit on board tho Rartuvn. -,t Oneliunga, the Appeal Court, by three to one (Sir R. Stout dissenting) allowed the appeal and the ease was remitted to (lie Supreme Court for assessment of the damage. Plaintiffs were allowed ; one set of costs on the middle scale as in a ease from a distance.

A CONVICTION. AFiflßMEft. W CLUNG TON, May 1. The Court of Appeal gave judgment this morning in the King versus John Leonard (heard on March 20th) a case in which a husband was convicted under the provision of the Mental Defectives Act for having intercourse with his wife, wlm was detained under the provisions of the Mental Defectives Act. The jury found Leonard “guilty,” but with a strong recommendation to mercy, “as we believe the net was committed through ignorance, and also the lax- 1 itv of the hospital authorities in not ' warning the prisoner.” j Tile Court, by a majority of three to: one, affirmed the conviction, on the 1 ground that the words of the statute were plain, and the Court could not hold Parliament did not mean what is said. Justice Stringer dissentcu, and considered the words “Every person in the Act, should not he read to include husband.”

APPEAL COURT. WELLINGTON, Ma V 1

The Appeal Court began the hearing to-day of the case of the National Mutual Life Association of Australasia v. Sinalllield. an appeal from the judgment of Justice Stringer. The respondent is the widow of the late C. R. Sni.lllfield of Hamilton, who was insured for £IO,OOO. This was contested on the ground of suicide, hut the jury at the first hearing decided in respondent’s favour. The appellant then ashed leave to amend the defence, on the ground that deceased had failed to furnish true answers, and had not disclosed matters that should have broil disclosed. Leave was refused, and the Association now appeal. Mr Gray, K.C., with him Mr M. Johnston for appellants, Messrs Ostler and Delainnr:- for respondent. Argument is now proceeding.

CONDENSED MII.K FIRMS AMALGAMATE. “NESTLES” AND "HIGH LANDER.” WELLINGTON. April ”5 It cane as a great surprise to merchants to learn that, as from to-dn\ Nestle and A. ngh.-Swis.s Condensed Mill Distrains! >),) Ltd., would undertake the .sole s lling business of the Now /inland Milk Products Company, better kiio.ni as the ‘-Highlander” Milk Company. Kir: - many years past there 1 a i been keen competition in Now Zealand beta ecu lik ally-made condensed milk and the imported article. This is now a tHng of the past. Tie “Highland r” .Mill; Company will con!n"e to buy milk from ,Southland dairy larmers and condense it and the Nestle Company will take over the manufactured article and do all the local and export trade. The “Highlander” condensed milk enterprise has become one of the staple industries of New Zealand and though of purely New Zealand origin it has a large overseas trade. It began in Whangnrci, North Auckland, in quite a small way and afioiwards bought o'lt the Underwood Milk Supply Company of Invercargill, also the plant of a small condensing concern at Sentry Hill, Taranaki. The firm of W. T. Murray, as it was then known, opened in Australia, and this business was subsequently known as Australian Milk Piodiicts, Ltd. It was purchased by Now Zealand Milk Products, Ltd., which will continue to manufacture, as before, at Invercargill. The wellknown manager of the company, Mr F. W. Vickeniian, has been appointed to a similar capacity for the Nestle Company, which takes over the whole of the New Zealand distributing staff of New Zealand Milk Products Ltd.

CASE OF A AH NOR. C'LALM FOR MEMBERSHIP FEES. AUCKLAND, April 28‘ An appeal by the New Zealand Jo -k'-ys Association against a.decision of Air J. E. Wilson, S.AI., in its claim against George Young, a jockey, for £4l membership fees, was heard by | Afr Justice Herdmnn in the S-uprenio Court. It was stated that tho Magislia'.e dismissed the claim on the grounds that as defendant was a minor the only contracts enforceable against him were for necessaries, and membership of tho plaintiff association was not a necessity to him. Argument ensued as to whether tho contract was a benefit to a minor. Counsel for respondent said that the rule providing for payment of 5 per cent of riding less was a penalty, because the more successful a jockey was t'oe worse off ho was financially. 11 is Honor asked what the obligations of the association were. Counsel replied Hint there were none There were only a number of pious objects, which if achieved would result in a kind of Utopia. Counsel for the association said the objects must he read as a contract-and mein hers had a legal remedy in the ease of no attempt being made to carry them out. He denied that the Icale of contribution was a penalty, saying that a jockey contributed according to his earnings. His Honor (smiling): That is not taking into consideration what lie got from the bookmakers. Judgment was reserved.