"APPEAL ALLOWED.

Hokitika Guardian, 9 July 1924, Page 3

"APPEAL ALLOWED.

A MOTOR-CAR CASE. WELLiINGTON, July 4. The Court of Appeal (consisting of the Chief Justice and Justices Sim, Herdman and Reed) was engaged today hearing an appeal from an order of Mr Justice MacGregor setting aside the verdict of a jury and ordering a new trial. The parties were AV. E. Richardson, of Kaikoura, garage proprieior (appellant) and William Freeman Blackwell, of Christchurch, garage proprietor (respondent). The facts were that one Cunningham of Sumner, owned a Studehaker ear, which he hired under bailment to one Healey, of Ashburton, who exchanged it with respondent for a Perry ear, ami Cunningham agreed that when Healey had made certain payments lie would have the bailment cancelled. Healey did not keep to this arrangement. and Cunningham said that on September 30, he telephoned Blackwell who was manager of the Buiek Sales Ltd., and told him that Healey had not signed the new document. Nevertheless Blackwell on October 17 exchanged the Studehaker ear for Richardson’s Buiek ear. In January. 1923. Cunningham's solicitor wrote to Buiek Sales 'Ltd.. demanding hack the Studehaker car or its value. Blackwell did not inform Richardson of this, but took security. Buiek Sales, Ltd., having gone into liquidation, Cunningham sued Richardson for the value of the Studehaker ear, and obtained judgment. Richardson for flic first time tlion became aware of the alleged conversation between Cunningham and Blackwell on Scptcmlicr 30, and sued Blackwell for the amount of the judgment he had paid and the costs he had incurred. The jury found a verdict in favour of Richardson. Blackwell applied for a new trial, and Air Justice MacGregor made an order to that effect.

The Court unanimously allowed the appeal, with costs on the highest scale as from a distance. Mr AY. J. Hunter (Christchurch), appeared for appellant and Mr M. J. Grosson. and Air H. AY. White (Christchurch) for respondent.