COURTS AND ALIEN ENEMIES

Dominion, Volume 11, Issue 39, 9 November 1917, Page 5

COURTS AND ALIEN ENEMIES

Y— AN INTEKESTING CASE. ' In tho First Civil Court at Melbourne recently the Chief Justice (Sir John Madden) dealt' -with ft case in which tho Union Bank of Australia claimed £951 5s Cd. from Alfred Lohmann, Georgo Wnldthausen, and Oscar Plate, trading as Lolmiann and Company. The 1 claim was for a balance due on bill of oxchangofor £1,685 Ms. 5d., drawn by the defendants upon tho Direction dor Disconto Gesellsohaft, a hank in London, and payable to tho plaintiff bank 60 days after eight. , ... , ~ , For tho defence it was admitted that the bill of exchange was drawn on behalf of defendants, and by their authority was delivered to tho bank; that the draweo of tho bill was requested to accept and that the defendants had not paid the bill. After tho drawing of the bill, and beforo tho draweo was requested to accept, it became illegal, and had at nil times remained illegal, for any person to present tho bill for acceptance, or for the drawee to accept tho bill. Tho Chief Justice said that in some respects alion enemies wore precluded from [ suing in the King's Courts, whero it might bo prejudicial to allow enemies to secure moneys through those Courts, but that was far from denying person from an enemy country tho ordinary rights to defence in the Courts. The defendants were entitled here to put forward their defences, but they had failed to make thorn out. The effect of legislation upon tho a-Sion bank in London causing refusal of acceptance of tho bill did not affect the matter. If the person who should accept tho bill did not accept it, thd bill remedy remained. He garo judgment for the Union Bank for £920 '10s. 9d„ being the full amount, less a payment subsequent, to action being taken, and allowed interest and-costs. A stay of proceedings for U days, with a view to anneal, was granted. Sir' William Irvin". K.C., and Mr. Mann (instructed by Messrs. Blake and Ttiegftll) appeared for the plaintiffs, and Mr. Mitchell, K.C., and 'Mr. Starke (instructed by Messrs. IWderwiek, Fookes, and Alston) for tho"fif~mdnnts.