COURT OF APPEAL.

Temuka Leader, Issue 2739, 17 November 1894, Page 4

COURT OF APPEAL.

Wellington, November, 14. la the case of Skey v. iViutual Life Assurance Association of Australia, the Court of Appeal dismissed the appeal, holding that payment of the premium by cheque was not absolute payment; that the cheque had not been provided for on the 15th November, the day before the death of the assured, on which day it had been agreed it should be presented, and that although during the first thirty days after the date when the premium first became payable, the executors of the assured would have had a right to pay in terms of the policy, only the assured bira : self could pay during the second thirty days, being days of grace; and assured having died during the latter period, the executors could not afterwards pay the premium and demand the insurance money. Costs were allowed respondent on the highest scale. In the case Regina v. Brewer, an appeal from Judge Kettle’s decision, fining Brewer, a hotel-keeper at Eltham, for Sunday trading, a lodger having won at “a shilling in and tfie winner shouts” and paid for five drinks, the court held that there was no right of appeal to the Court of Appeal from a decision of the Supreme Court ou appeal from a refusal by an inferior court to convict of an offence, and therefore dismissed the appeal without going into the merits, but without costs. The appeal was allowed in the Clutha licensing case MeKpnjjie v. Hogg. The court held, that in view of the whole of the Licensing Acts of 1881 and 1893, that section 14 of the Act of 1893 does not apply to wholesale licenses, which may therefore be granted in a district, notwithstanding a local option vote in favour of prohibition. Costs wore allowed on the middle scale. Cross-applications for leave to appeal to the Privy Council were made in re Chambers, but were adjourned to the sitting of the to be held on the 12ch December,

Leave to appeal to the Privy in the case ro E. H. Ward wa< granted on the usual terms.,