COURT OF APPEAL

Dominion, Volume 7, Issue 2135, 29 April 1914, Page 11

COURT OF APPEAL

THE SALE OF THE CARLA'S COAL. 'HEARING CONCLUDED. Argiiiiieiit was concluded in the Court' of Appeal yesterday in the case concerning tlw safe oi : die coal cargo of the bnrquniituic Carlit, which was stranded near AVauganui in September, liill. Tho appeal was from a judgment delivered by his; lkm-our the Chief Justice (Sir Kobert Stout), The aim-eSkmts were A. Halricl; and Co-., Ltd.., and tho respondents were Hedijatli and Sou, and tho Victoria Insurance Coy., Ltd. (plaintiffs in live .Supreme Court). At the -oHgiufil bearing I'-cdpatli ami Son had contended that 1-Jatrick and Co. had boon their agents, and as suck had been diit-ctcni to arrange for tlie salvage, of iliij Carln, but that, instead of doing' so, Halriek and Co. had caused tho vessel to bo sold., find themselves benglit tlie btill and cargo., afterwards selling the latter. On tho "other hand, Hatri:k and Co. denied thai they had been agents {-or iiivlpath 'an-d Son. The judgiiient of the Chief Justico had been iu favour of Kcdiiatii and Son, and it was against this judgment that lia-tneii and Co. appealed. At. the hearing of tho appeal the Court consisted of their Honours Mr. Justice DciMiis-ton, Mr. Justice Edwards, Mr. Justice Stin, and Mr. Justice Hosking. Mr. C. B. Jlorison, K.C., with him Sir. Ceolce, appeared for the appellants, Hntrick n»a Co. Tho rfspondenta were represented by Messrs. W, 0. Macgregor/bf Dune-din, and W. J. freadwi'llj of Wanganui. Mr. Morison addressed the Court- on Monday, and yesterday Messrs. Macgregor and Treadwttfl were heard. Mr. Maegreper submitted to the Court that tho decision of the Chiof Justice was right, and that lite" Honour's conclusions on points of fact had not been shaken in any way by the argument of Mr. ftjbrisoih - ' ■ ', The Court reserved decision.-:- . . ■■ -