LAW REPORTS

Dominion, Volume 9, Issue 2584, 5 October 1915, Page 11

LAW REPORTS

COURT OF APPEAL

A NEW TRIAL OBJECTED TO

.. .As His Honour tie Chief Justice (Sir Robert Stout) was. -unable to sit on' the Court of Appeal bench yesterday, the case, commenced' on Thursday last was adjourned,'ami the. Court proceeded to liear. the, next case on tlie list. His Honour Sir. Justice Denniston presided, and associated with, him were their Honour's!' Mr. Justice Edwards, and Mr. Justice'• Cooper.-' The appellant in 'the .case |was : John Wells Chapman, settler, of- WeUington,- the respondent being Ramsay iiMacdougall, fanner, of- Piri110a. ,'MrVC. P. ; Skerrett, K.C., .witli him v Mr. C. yf - Tringham, appeared for the-appellant; while Mr. T. M. AVilford, with him Mr. -s\V. Perry, appeared for the respondent. _ • In the .original action, -Macdougall sued Chapman to recover the sum of £3000 damages for alleged misrepresentation in regard to the sale of 1830 acres of land ■> in the Waikato district. The jury's verdict was followed by a motion forijudgmejit for the defendant (Chapman), and judgment was entered accordingly. 'Counsel for the plaintiff (Macdougall) next moved for a new trial on the'ground that Chapman and his witnesses had: made a mistake in' their ovidehce. After ' hearing argument on fchia motion, His Honour the Chief Justice (Sir Robert Stout) ordered a, new trial, and it \vas : against this decision that the defendant (Chapman) .now appealed: ~ ~ Legal argument had not concluded at 4.30 p:m.,yesterday, and the further, hearing of the appeal was adjourned until this morning. —