The Pamphlet Collection of Sir Robert Stout: Volume 75
And immediately the following answer was addressed to Mr. Stafford:— Wellington, 7th August, 1897
7th August, 1897.
Dear Sir,
I am in receipt of your letter of to-day's date, giving me notice that it the hearing of this action the plaintiff proposes to rely upon and to argue the questions of law arising upon the amendments to the original Statement of Claim, and that he will adduce no evidence other than proof that the Appellate Court has heard the evidence adduced to that Court by Major Kemp, and that such Court has not yet delivered its decision. On behalf of the defendant, Sir Walter Buller, I give you notice that I object to the course you propose to adopt; that the defendant insists that he is entitled to have tried the issues of fact which the Public Trustee has taken upon himself to assert in the original statement of claim, or, at all events, such of them as are within the scope and intention of Section 10 of 'The Horowlienua Block Act, 1896.' The defendant will request the Court to try such issues, and to hear evidence to be adduced on his behalf as to the question of trust, as to the question of notice thereof, and as to the question of value.
Yours faithfully,
A. P. Buller.