COURT OF APPEAL

Dominion, Volume 10, Issue 2899, 11 October 1916, Page 9

COURT OF APPEAL

PURCHASE BY A BANKRUPT. , In the Third Division of tho Court of Appeal yesterday argument waß continued in tlio caso in which J. B. MacEwan and Co. appealed against tlio decision of Mr. justice Cooper in dismissing a motion for a nonsuit, and also tile motion for a now trial in tho caso in which a farmer at Waiuku was awarded £207 7s. damages against MacEwau and Co. in connection with an accident to a man 1 named Ashwin, caused by the breaking of a _ cream separator wKle the same was in use, which separator had been sold to him by the company. One of the grounds urged for the new trial was that since the original trial material evidenco was disclosed showing that the plantiff (Ashwin) was an undischarged bankrupt, and that the order given by the plaintiff for the separator was given for and in the name of his wife. Tho Court of Appeal, which consisted of tho Chief Justice (Sir Robert Stout), Mr. Justice Edwards, Mr. Justice Chapman, and Mr. Justice Sim,' decided unanimously that tho appeal should be allowed, holding that Ashwin obtained ■ credit in violation of the statute. The Court directed judgment to bo entered • for MacEwan and Co. in tho Supreme Court, with costs according to scalo m that Court; on tho amount claimed, with ' £15 15s. for second day. Costs in tlio Court of Appeal were fixed on tho rniddlo scale as from a distance., and the C-ourt disallowed costs on the m°" tioii in the Court below. Mr.- C. P. Skerrott, with him Dr. IBamford, of Auckland, appeared for MacEwan and Co., and Mr. H. H. Ostler represented the respondent.