Appeal Court.

Feilding Star, Volume XVIII, Issue 105, 31 October 1896, Page 2

Appeal Court.

(Per Press Association.) Wellington, Oct. 30. The appeal Court decided in the case of Green v. City Corporation that respondent had a statutory right to the land on which the cabmen's shelter sheds are erected. In the ease of Queen v. Annie Brown, the Court unanimously held that neither the Appeal nor the Supreme Court at this stage had power to suspend her sentence, pending the appeal to the Privy Council. Iq Chambers, Mr Justice Williams granted an order applied for on behalf of the Bank of New Zealand, winding up '• Walter Guthrie and Company " under the Companies Act 1692. In the case of Union Bank v. MurrayAynsley and F. Archer, judgment was given yesterday. The facts are that the respondents, who were trustees, claimed £1800 from the Union Bank of Australia, which was paid into No. 3 account opened by Miles and Co., in which firm respondents wero partners. The firm afterwards became Miles and Co., Limited, and suspended payment in 1895. As soon as the money was paid into Miles and Co. they allowed their clients interest at the rate of five per cent, and the bank allowed interest by Miles and Co. on the No. 3 account. The other accounts were largely overdrawn. In the Supreme Court Mr Justice Dennistco held that No. 3 account was really a trust account, and that the bank had known of that fact, and therefore the trustees were entitled to the moneys. From this decision the bank appealed, contending that as Miles and Co. allowed interest to their clients from the time of the receipt of the moneys, the moneys belonged to Miles aud Co. and that they could deal with them as they liked, and that the No. 3 account was only open fox the purposes of the firm and not as a trust acconnt. His Honor the Chief Justice decided that the appeal should be upheld. Judges Williams, Conolly and Edwards were of a different mind. The latter's judgment was of a lengthy nature. Costs were allowed against the bank en the highest scale, but not as from a distance. Mr H. D. Bell was granted leave to appeal to the Privy Council.