APPEAL COURT.

Taranaki Daily News, Volume XXXXII, Issue 215, 5 November 1900, Page 2

APPEAL COURT.

I TUB VCJ&K ATIOX. [ Wellington, November 3, The Appeal Court dismissed tho Wellington-Manaw.atu Railway Company's appeal agaiust a verdict fur 'damages sustainod in onn of thoir tun jnels by engine-driver McLood. T!;e ' appeal Donaghy v. Brennun was dis | missed on tbe ground that lunncy is iV-i dofenco in an artion for dnmago.i. i>i McDonald v. Macfnrlarie, a „<onthi.'r! ■ ease, the appeal was also dismissal. Mr. Jones v. N.Z, Trunk and Loan Company; judgment was for defondant. In the case Commissioner of Taxes v. Bank of Now Zealand, the Court held that the Bank was liable to native land tax, but not for graduated tax. In the ease Kebbell v. Ollivier, a question o: liability for Bank of New Zealand shares sold to defendant, judgment was for plaintiff. In. Staple# ,v. Corby the Court held 1 that the fact that the hotel was "tied" did nolj givaplamtiffs any interest in tiio land, and the appeal was dismissed. Later.

The Court of Appeal judgments wore as follows: Wollington-Msuiawatu Railway Company v. McLeud, appeal dismissed. The' Court held that au action at common law and under the Employers' Liability Acts co-existod ; that there waa evidence of negligenoe for the jury, and there was evidouco to justify the finding of the ji y; that McLeod had not voluntarily accepted the risk. Leave was (riven to appeal to the Privy Council. In Donaghy v. Brennan, the Chief Justice delivered the judgment of the Court. . After elaborately reviewing the views of English jurists and American authorities," the Court dismissed the appeal, holding that' lunacy was no defence in an action for damages for a wrong. In the case of McDonald v. McFarlane the appeal was dismissed. The Court held that even if a breach of trust existed, the defendant was barred by the statute of limitations. The period of limitation was six years, not twenty. The fact was the trswt deed cantained the words of the contract and was executed by the trustees, not creating a special liability to the beneficiary, who was not a party to the deed. The case of Jones v. The New Zealand Trust and Loan Company was a case removed from Christchurch, where judgment was given for the defendant. The Court held that there was no warrant of the number of sheep sold, and no evidence to show the number not delivered. Commissioner of Taxes v. Bank of New Zealand. This case was removed from tho Supremo Court, Referring to native lands in tho Gisborno I district mortgaged to and managed by I tbe Bank, the Court hold that the! Bank waa the mortgagee in possession ] within the meaning of the Tax but thejand was native land within i the meaning of the Acts; thstt tho Bank was, therefore, liable as occupier of native land, and was not liable for Progressive Tax. Kobbol v. Ollivier. This case was removed from the Supreme Court, Wellington, where judgment was given far tho plaintiff. Plaintiff sold defendant some "Bank of New Zealand shares after the banking legislation of 1894. The Bank refused to register the transfer,) and the plaintiff has to pay tha calls, and sued the defendant to indemnify him. The Court held the plaintiff entitled to be indemnified, and that the Banking Acts did not affoct the validity of contracts as between vendor and purchaser. Staplos v. Corby. This appaal was dismissed. The Court held that tho fact that the appellants held a conveuant to buy beer exclusively from them did not give them an iutore.it in tho iaud sufficient to entitle them to objoct to the land being bought under tho Laud Transfer Act, and their rights wore not such interest as could be brought down and recorded on the title.

At the Appeal Court on .Saturday afternoon three Crown cases, which had been reserved were heard. Eegina v. [burke. This was a Christohurch case in which the question arose whether the Crown has, in addition to the peremptory challenges given by the Act of 1898, a preexisting right to direct jurymen to st»nd aside. Judgment was reserved, liegwa v. KiDg. L'his was a Dunedin case, the question being whether on an indictment for robbery the prisoner oould be of common assault. Judgment was resarvod. Reginav' Tetzen. Thiswaa a Wanganui orbo. The prisoner shot a horse which wns trespassing and the questioin was whether thore wa-i any evidence that the Act was committed with a colour of right. Judgment wjis reserved.