AN INTERESTING CASE.

Auckland Star, Volume XXV, Issue 235, 2 October 1894, Page 5

AN INTERESTING CASE.

The Maßistrnte'e Cow* was occupied till ti, lato hour.last eveningun %-very imiporfcanft case between Frank Jagy,er and .SVilliam George Dnrham <fit ,^ irjimgurary ep^ployeo of. tho Harbour BoarcL ceu^^ed '.k'ji'' advance) from Jagger on a aunx of money coming to him from the Board, and gav<i. Jagjjer am I order to receiyb the atoney. Tho Board refused to "accept" thaprdeCt but>registered ib, «b thab'. they cou Id pay, Jagger if ever tho moaey waa darned. Durham, tho judgmant creditor of tho/employee, seized the money by v, charging order of the Magistrate's Cour/b, whi.cb charging order the magistrate mAde abnoluto after hearing the case and Mr.v Jaggar'a claim, the decision being, thar, as the Board had notacceptQii the. onler Jagger could nob have sued the Board, bub .only the employee, and, consequently, fche money was still the employee's and could be seized by Durham, the judgment; creditor. Jagger then employed counsel, Tyhbobtained there-hearing of fche case, wh)cl» carje off yesterday. Mr I Jackson Palmar appeared foe Jagger, and IMr Theo. Cooper for Durham. Mr Palmer i contended Tljat the order was a legal and equitable- assignment of the debt under the P/i-operty Law Act, 1G83; (2) that %ha Harbour Board had notice in T,vitiug by^-'the order itself being served upon thip,m ;, (3) that thi« vested the property in the mbnoy in Jagger absolutely, and he, could cue the Board evea if they refu?^ to accept the order ; (4) that no salary could be attached tiil it was due, c>hd this was nob due at the date of the attachment order. Mr Cooper contended very ably to the contrary, bub the Magistrate decided that his previous judgmentwas wrong, because Jagger, nob having,' counsel, the case was decided on thaf question of " acceptance " alone, ami noj on the "assignment." He upheld Mr.-j Palmer's contention that this w»8 an, absc .- lute assignment, and reversed hia /ornwjr decision, and gar© judgment ia feffourof Mr Jagger.