LAW REPORTS

Dominion, Volume 9, Issue 2751, 20 April 1916, Page 9

LAW REPORTS

COURT OF APPEAL

AN ACTION FOR DAMAGES

'.When-the Court of Appeal resumed yesterday morning the Bench was occupied by Their Honours the Chief Justice (Sir Robort Stout),. Mr. Justice Edwards, Mr. Justice Cooper, and Mr. Justice Ilosking.. The Court was occupied with the defendant's appeal in tho case in which Francis Joseph Richard Heath, draughtsman, of Wellington,' iccoverod £600 damages from Charles Prendergast Knight, solicitor. The case arose out of a collision on October li, 1910, on the, intersection of Courtenay l'lace and Taranaki Street, between a motor-cycle ridden by plaintiff and a motor-car driven by Dr. Knight. The action was tried at the February session this year, before Mr. Justice Chapman and a common jury. His Honour reserved right to the defendant to move to set aside the verdict or enter judgment of nonsuit, or for the defendant, upon the ground that the notice of action mentioned in Section. 9-1 of the Defence Act, 1909, had not been given. Subsequently, His Honour decided in favour of the plaintiff on this point, and it was from that judgment that the appeal was taken. At the time of the accident the defendant, Dr. Knight, was on Defence duties, and the scetion of the Defence Act referred to reads: "No action or prosecution against any officer, non-commis-sioned officer, or otihor member of the forces, or of any branch thereof, for anything done or, purporting to be done in pursuance of this Act, shall be commenced aftor tho expiration of three months from the doing of such act, nor unless notice in writing of the action and of tho cause thereof has been first given to the defendant." Without retiring, the Court delivered ludgment, deciding unanimously that the notice was sufficient. The appeal was accordingly dismissed, with costs on the highest scale. Mr.. C. B. Morison, K.C., with him Mr. P. H. Putnam, appeared for the appellant, while Mr. M. Myers appeared for the respondent. - - A "WANGANUI CASE. , Judgment of the Court in a Wanganui Supreme Court action, which' had been removed into the Court of Appeal' for argument, was read yesterday afternoon by His Honour Mr. Justice" Cooper. Tho-plaintiffs in the case were G. C. B. Harper, "farmer, of Makiri-' kiri, near AVanganui, and W. W. Taylor, farm manager,, of Pukeroa. The defendants were A. J. Joblin, farmer, of Taihape, and his wife ©Irs. Joblin). Counsel for the plaintiffs were Sir Francis Bell, K.C., Mr. C. P. Skcrrettj' .K.C!., «nd Mr. -4. '•!). . Brodio, while the defendants were represented by Sir John Findlay, K.C., and Mr. J. M. Hussey.

_ Plaintiffs alleged that, in consideration of »the plaintiff Harper guaranteeing A. J. Johliu's 'account with the Union Bank for a fixed sum, Mrs. Joblin offered certain lands as security, the plaintiff having an option to purchase on certain conditions. Plaintiff Harper, who had assigned his interest to the plaintiff Taylor, now'' sought specific' performance of an agreement that 'had been entered into, and tlie term' of the agreement consequently came into question. ■ Evidence in the action was heard at Wanganui, and by direction of the presiding Judge (Mr. Justice .Edwards) tho case-was . removed into the Court of Appeal for argument. It was on the list at the last session, but before decision had been delivered a missing document was discovered; and the Court directed that ,the case should be re-argued. Five questions were 1 submitted to the Court, and these were answered yesterday in favour of 'the defendants.

Judgment was accordingly entered for the defendants, with costs on the highest scale.'