COURT OF APPEAL

Dominion, Volume 8, Issue 2292, 28 October 1914, Page 9

COURT OF APPEAL

STAMP COMPANY CASE The Court of Appeal was occupied all day yesterday with the hearing of argument iu. the case of the Stanley Stamp Company v. Brodie. The Bench was occupied by Their Honours the Chief Justice (Sir Robert Stout), Mr. Justice Ed'.vards, and Mr. Justice Sim. In the- original action, heard in March last, the statement .of claim set out that Charles Henry Osmond, of Wellington, sheep-farmer, and Alfred James Stone-Wigg, of Opaki, near Masterton, sheep-farmer, were partners in the Stanley Stamp Company. Alexander Brodie, it was alleged, had boen induced to purchase the company's business by means of false representations. Thp plaintiff (Erodia) asked the Court to rescind the agreement to purchase, and order the return of two deposits—£lo7 and £1000—together with the sum of £150.. In the alternative, if ' the plaintiff could not have rescission of the agreement, he prayed that ho be granted the sum of £1500 damages. Tne defence filed denied misrepresentation, and stated that all stocks of the Stanley Stamp Company and its books wero handed to the plaintiff for his inspection, and he had declared himself satisfied before entering into the agreement. His Honour Mr. Justice Hosking, who hoard the case, directed that an inquiry be held before the Registrar to ascertain by what sum the book and other debts fell short'of £817 Bs. 4d. (tho amount of tho book debts as represented to plaintiff), and that the defendants (Stanley Stamp Company) pay, within fourteon days from the date of the Registrar's certificate, such sum as was certified by way of damages. Judgment was for plaintiff with coste according to. scale upon the sum certified, disbursements, 15 guineas for one extra day, 8 guineas a day for extra counsel for two days, and the costs of all interlocutory proceedings. Against this decision the defendants appealed on the ground that it was erroneous in law and in fact. Mr. M. MyersjV with Mr. V. R. Meredith, appeared for the appellants, while Mr. C. B. Morison, K.C., with him Mr. G: Samuel, appeared for the respondent (Brodie). . Legal argument had not concluded at 4.30 p.m. yesterday when tho Court adjourned until this morning.