COURT OF APPEAL

Taranaki Daily News, Volume LIII, Issue 160, 15 October 1910, Page 5

COURT OF APPEAL

A' MINING COMPANY CASE. By Telegraph.—Press Association. Wellington, Friday. The Full Court sat this morning to hear the case of Gualter Dykes v. Begg, an appeal from the judgment of the Magistrate. It was a case of unusual interest to shareholders, as it turn upon the construction of ?eetions 133. 135, 13(<, and 141' of the Stamp Duties Act, 11108, containing provisions vel.if.ing to stlaves in mining companies an.l the necessity for stamped contract notes in sucli -.'a*es. Plaintiffs carried out many sl:ar<! transactions for the defendant. .For the purpose of such transactions they wlviuw.e.d moneys and debited s ich advances in their books to defendant's account. Some dispute arose and it b-.-cfinm necessary for the plaintiff to sue for commission. The Magistrate found that n stamped contract note was not given. This prevented plaintiffs recov?r:ng commission and brokerage, also the !>alan;'> of the account. The plaintiffs now appeal against the decision. Wellington, Last Night. In the case Gaulter Dykes and Co. v. Bearg, Mr. C. P. ,Skerret f , K.C., for appellants, submitted that as the transactions had been completed ae.d respimd-'nt had had the benefit of the eoncraec appellants were entitled to the payment of the' money advanced for the purchase of shares, although not for commission and brokerage. . • Mr. H .D. Bell, K. 0., contended there was no difference between the contract that was void and unforeeabje and an illegal contract, and therefore the appellants could not deco/er. -The object of requiring stamped contract notes both from the buyer and seller was to make up for, the stamp duty, which would otherwise be charged upon the transfers as in all cases except transfers of mining shares. The case was unfinished.