SUPREME COURT.

Wairarapa Daily Times, Volume IX, Issue 2625, 16 June 1887, Page 2

SUPREME COURT.

At the Civil Sittings of the Supreme Court, held at Wellington , yesterday (Wednesday) before . his t honor Mr Justico Richmond, the; case of Pharazyn aud other's v Thomas Mason and others was heard. W«i take the: following particulars from the Press. This was a case in which Charles Johnston Pharazyn and George Ei-. meades Tolhurst, two of the. Trustees of the will of the late "William Barnard Rhodes, sued Thomas Mason,' Sarah Ann Rhodes, and John Studholme, in that they, as former trustees, were guilty of breaches of trust; that they -did re-convey and ro-lease to one William Waring Taylor, certain lands —to wit, the Manawa station, tosocure payment of the sum of 18000 and interest, the said sum, with arrears of intoiest of £960, beiug still due in the month of April, 1881 without requiring payment of the interest then accrued, dtie in respect thereof, or obtaining any socurity for the payment of the said interest; also, iu having advanced to one Charles Henry Humphries, upon the security of a parcol of unimproved land in the township of Halconibe, the sum of LI2OO for a term of years, bearing interest at 8 pei' ixmt; also, in having advanced the sum of L3BOO at L 7 10s per cent, to one Frederick Taylor, upon Section $24, Whareama-Block; also, in having advanced the sum of L 3,300 to one, John Taylor, a son of William Waring Taylor; and in having released from tho several mortgages executed to then, by the said Charles Henry Humphreys and Frederick Taylor, the lands there' severally comprised without any consideration. The plaintiffs claim- that the defendants ought to re imburse and make good to the said Trust estate the said several sums, of money (after deducting a sum of £IBOO alieady paid by William. Waring Taylor to the ■ defendants) together with interest thereon at the rate of £8 per cent, •, The plaintiffs, therefore pray that the defendants may be ordered and decreed. ta rotund aud make good to the trust estate the sums of .£437 9s lid, £I,BOO, £'3,800 and £1,1)00 and £I,BOO respectively, ad-, vimced to the said Charles Henry Humphries, Frederick Taylor and JoliH Taylor, less the sum of '£l,Boo by which the same was rednccd, together with interest thereon at 8 per cent per annum, the plaintiffs submitting to allow to the defendants in reduction of tlio said interest the saw of £Gl7lOs, paid by John Taylor; that all onquiriesmay bo made, and accounts taken necessary to ascertain and determine the liability of the defendants j that the defendants may be decreed to pay the costs of this action; and such other judgment as the Court may consider the plaintiff entitled to.

Mr Mason pleaded that whatever was done whs with tlio knowledge of the Trustees and th& parties interested, and with their consent, The other defendants said they left everything to the two active Trustees, Mason and Taylor, and took no personal action in the matter under dispute. Mr Edwards, with, him Mr FitzGerald and Mr Moorhouse, appeared as counsel for the plaintiffs; MrTraverg with him Mr A. do B, Brandon for the defendant Thomas Mason and Mr H, D.'Bell for Mrs Rhodes and Mr Studholm, the other defendants, The first witness called was Mr Rowdenwho was under examination when the Court rose last evening.