SUPREME COURT.

Taranaki Daily News, 7 December 1917, Page 6

SUPREME COURT.

QUARTERLY SESSION. YESTERDAY'S PROCEEDINGS. The quarterly session of the Supreme Court at New Plymouth was continued yesterday 'before His Honor, Mr. Justice Edwards. PRISONER FOR SENTENCE. Mercia Xaugliton, who was on Wednesday convicted of obtaining various sums of money by false pretences, appeared for sentence. ; Mr. O'Dea, representing prisoner, added to what had been previously said that the child of the' prisoner was a sickly cliild and always had been so. He also stated that the report of the probation officer, based on the police report, was largely made upon the facts concerned with the present ease. His Honor said lie found a difficulty in determining the sentence to be imposed. Ills own desire was to let her go, but he had decided to order the prisoner to be brought up again on Saturday morning. After the luncheon adjournment Edward W. Stockman, who was on Tuesday convicted of making a false declaration for the purpose of obtaining a certificate of marriage, was brought up for sentence, 'but was further remanded until 2 o'clock to-day. CIVIL BUSINESS. TTie. claim of Adams v. Corrigan was, on the a-pfilicntion of Mr. O'Dea, adjourned till the next sessions, as a settlement was in progress. Mr. C. B. Morrison, K.C., who appeared for defendant, agreed to the request and an adjournment was granted. AN APPEAL CASE. The appeal ease of Hastings v. Scoon was, on the application of Mr. D. Himson, adjourned till the next session. CLAIM FOR ROYALTY MONEYS. The hearing of a claim for royalty moneys on the sale of milking machines by Wm. David Anderson, of Auckland, solicitor, ; jainst Alexander Walker Reid, of Stratford, engineer, was commenced. Mr. J. R. Reid, K.C., of Auckland (with him Mr. A. H. Jobnstone, of New Plymouth), appeared for the plaintiff, and Mr. C .B. Morrison, K.C., of Wellington (with him Mr. T. C. Fookcs, of Stratford), represented defendant. The statement of claim set out that in 1010 defendant was granted letters patent in respect of certain inventions relating to milking machinery. In December iflll defendant, instructed plaintiff flnd formed a syndicate or company for the acquisition of the patent lights of defendant. Plaintiff formed the syndicate which took over the patent rights and sold milking machines in which the patents of defendant; were incorporated, paying to defendant, certain royalties. In June, 1912, defendant agreed in consideration of services rendered bv plaintiff to pay to plaintiff one-fourtii of all royalty moneys received by defendant in respect of the sale of milking machines. In August, 1(113, defendant paid to plaintiff the sum of £BO on account of plaintiff's share of royalty moneys due under the alleged agreement. Large sums of money, the amounts of which were unknown to plaintiff, had been received by defendant as royalty moneys on the sale of machines, and the defendant had failed and refused to account to plaintiff for Ids share of the royalty moneys. Plaintill' therefore claimed (a) an account of all royalty moneys received by defendant in respect to the sale of milking machines: (b) payment of plaintiff's onefourth share of such royalty moneys: (c) the costs of the action; and (d) such further and other relief as may in the circumstances seem meet.

Mr. Johnstone! opened the case for plaintiff, which involved the reading of voluminous -correspondence between the parties with reference to the formation of the company. Also copies of various agreements made with regard to the amounts to tie received fltiy defendant in respect to royalties on plants manufactured, and to the amount to be paid to plaintiff in respect of his services to defendant and to the 'company. After luncheon the plaintiff was examined at length by Mr. Reid, and the examination was not concluded whentui: Court adjourned at f> o'clock.