APPEAL COURT

Dominion, Volume 11, Issue 198, 10 May 1918, Page 9

APPEAL COURT

,\ CANTHIUiURY CASH. Judgment was given in tho Appeal (.'unrl yesterday morning in the case of (!. S. Mcrcditli and Co., grain and produce merchants, Waimate, v. Andrew Freebairn, grain and jute broker, Syd- . ney. On (he bench were His Honour tho Chief Justice (Sir Robert Stout),' Ilia Honour Mr. Justice Cooper, and His Honour Mr. Justice Chapman. The appeal was from a judgment delivered by Mr. Justice Sim in the Supremo Court, in which the appellants were the defendants and counter-claimants, anil respondent was the plaintiff. In that' action plaintiff claimed J212 19s. Gd., a balance of money winch he alleged was duo to him as commission on sales of produce, and defendants counter-claimed =£1037 Bs. Id., for alleged negligence on the part of plaintiff. Mr. Justice Sim decided in favour of Freebairn on both the claim and counter-claim. Notice of appeal against this decision as a whole was given, but by a later notice it-nvus intimated that the appeal would be limited to that part of the judgment which dealt witlrtho counter-claim. Tho Chief Justice delivered the Court's judgment, which was a very lengthy one, and dismissed the appeal with cos'ts on ,111 c highest scalo and as from a distance.

At tlio hearing Mr. M. Myers, with liini Mr. Hunter, of Christchurch, appeared for the appellant, and Mr. E. K. Kirlccaldie for tho respondent. •