An Important Decision.

Manawatu Standard, Volume XI, Issue 1652, 8 March 1886, Page 2

An Important Decision.

JAMES BULL V. WOODS AHIT v / S"( OTHEBS7 We extract the following. from the Wellington -Press >of: March 2:— His Honor James 'Prendergaßt, Xt. f Chief. Jusice, delivered an important, judgment m the Supreme -Court m the case .Bull v. Woods and Others, which was argued at the civil sittings held m January last 'ira'd' argument was reported* .: in.' the Evening Vress of the 16th or January.. The actiqa was brought by,- ■•; Mr James Bull, as the holder ot a" pfb— ' iinissory note for £150 odd given by•Messrs * Woods, CrosMe and> Co., to* -plaintiff and endorsed by one -Donald" FraseV. The Jbjlt became dv« m -1880,. and. was not in^fe^^eitihet'- the biaker nor the endorser ever stamped the bill,, the plaintiff stamped it during ito ..currency and put .his initials on the stamps but nb date till after, the action was commenced, when he wrote the date. Onthe being: tendered m» ■> evidepcebyMr QuickV counsel forth*plaintiff, Mr Fitzger^ltf, on behalf of the defendant- Woods, objected to its admis:.sion on the* ground .theft it was hot 6a^i.f ; >■. Celled as provided- by the_Stamp Act. ; 1875,! and relied speciailyon sections 4& >: and 57 of that Act in' support of his airgument/ .He contended -that f the can*. oellatiorfshould s ha\% tstken place at the V ■" time jthe holder of ;Jh"e.: bill took.it, over. His Honor, m delivering judgment,, gaig lie IHad/c come ■ to Y the > conclusion that Charles Bull's evidenpe ought njpt to hat* • be.en ; taken, and he was all the more willing to come to that conclusion, because he' did not think his evidence . wag. , -. necessary. Therefore, doing away with .his 'evidence the presuinplion was m favour of the. stamp. havmg been .properly placed ion . the, . bill.. ■ .The (>nu» of ' proving tq, ithe^cpntrafy rested ; - .oh /; the ;; defendants. "He qdoted'tKe 1 ' caie'jof ' • Bradlaugh Win. He was also of opinion •tha^^the ob^eotiqn to* the bilT should have been pleaded; H«i was of opinion that the bill was admissable ia evidence, and therefore judgment would -' be : tor th*e : plaihtiffif6ri£lS7 and, interest; r' ■ at 8. per cent., ...to computed bj the Registrar. If tfie am6Hnt*shbuld /exceed £200, costs to be, on the. medium scale.