COURT OF APPEAL.
Monday,’ May 12. (Before their Honors the Chief Justice, Mr. Justice . Johnson, Mr. Justice Richmond, Mr. Justice Gillies, and Mr. Justice Williams)'. pAJjOPXT, EpAINTIJF (ijl ERROR) V. BJNNEY, I}E- ■ ' FBNDAJJT (rif ERROR.) ’ This was a Dunedin appeal case, and the notion was one for' the plaintiff to recover from the defendant the sum of £337, with interest at the rate of £8 per annum from the 17th July, 1877, to reimburse him for the amount of a promissory note indorsed by the defendant and dishonored. ;Mr, James Smith appeared for the defendant (in error), and applied to amend the record by striking out the interest, which was opposed by Mr. Maccassey, for plaintiff (in error).: . . ■ The argument turned principally upon costs, Mr. Macassey holding that where defendant below was plaintiff in error the Court of Error formerly could only recover an erroneous judgment. , Mr. Smith objected to this on the ground that this custom had fallen : into disuse since the Judicature Act. Mr. Smith read affidayite showing that defendant had agreed to pay 'coats. ’’ " Mr. Macassey replied the’offer was too late. Judgment reserved.
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New Zealand Times, Volume XXXIV, Issue 5653, 13 May 1879, Page 3
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186COURT OF APPEAL. New Zealand Times, Volume XXXIV, Issue 5653, 13 May 1879, Page 3
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