WAIUKU APPEAL CASE.
A FATAL OBJECTION. (By Telegraph.—Press Association.) WELLINGTON, this day. At the Court of Appeal this morning, in the case of J. B. MacEwan and Company, Ltd. v. Ashwin, the appellant raised a 'point that respondent, being an undischarged bankrupt, and having obtained credit in contravention of Section 138 (V) of Bankruptcy Act, 1908, could not recover. The Court was unanimously of opinion that the point was fatal to respondent's case, and allowed the appeal with costs on the middle scale, and as from a distance. Costs were also allowed appellant in the Court below. The appeal was against a judgment awarding respondent £207 7/ damages, and ._IOO 9/3 costs, in an action by respondent against the appellant company for f 501 damages for injuries alleged to have been sustained to his right arm through a cream separator 'sold by appellant breaking nnd striking respondent's arm. Respondent claimed thnt the breakdown was caused by a defect in _a. jmachipc, supplied.
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Auckland Star, Volume XLVII, Issue 242, 10 October 1916, Page 7
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162WAIUKU APPEAL CASE. Auckland Star, Volume XLVII, Issue 242, 10 October 1916, Page 7
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