APPEAL COURT.

Waikato Argus, Volume V, Issue 355, 18 October 1898, Page 2

APPEAL COURT.

(BY TELEGRAPH—OWN CORRESPONDENT). Wellington, Last Night. The Appeal Court opened this morning, Chief Justice Prendergast and Justices Cocnolly, Denniston and Pennefather being on the bench. There was a large and representative attendance of the Bar. The order of business wasarrauged and several new cases were added to the list, which is aiready an unusually lengthy one. Lawson v. Huuter :In this case the Official Assignee in bankruptcy of Charles Bisphani sued the wellknown auctioneer of Ohaupo for three sums of £SO, £5, and £56 17s 3d respectively. Mr Hunter sold stock for the bankrupt, and out of the proceeds paid away the two first-named sums by order of the bankrupt and retained the last-named in payment of a promissory note due to himseif. In consequence of the judgment on questions of law submitted to the court the plaintiff abandoned the first two items, and on the 16th September the case as to the claim of £56 17s 3d was heard before Mr Justice Connolly. The defendant claimed that he was legally entitled to retain this sum, but the court gave judgment for the plaintiff for this amount, with costs. Against this judgment the defendant appealed. Mr Swarbrick, of Hamilton, appeared as counsel for the appellant (Mr Hunter), and Mr W. F. Buckland, of Cambridge, for the respondent. The court unanimously allowed the appeal, reversing Mr Justice Connolly's judgment, with costs, and said there was no breach of trust and no preference.