APPEAL ALLOWED.

Auckland Star, Volume LVII, Issue 94, 22 April 1926, Page 14

APPEAL ALLOWED.

PATERSON V. IRVINE. (By Telegraph—Press Association.) WELLINGTON, this day. The Court of Appeal to-day: gave its decision in an appeal against the decision of Mr. Justice Herdman in a case in which the appellant, Jane Paterson, of Hamilton, spinster, applied for an injunction to restrain respondents, William Irvine and George Irvine, both Of Waitemata, farmer's, from selling or dealing with a third mortgage debenture for JESOOO issued 'by-appellant "to the Leviathan Hotel Company, Limited, in June, - 1913.', ; The case .arose . out cf certain dealings, connected with the case of Hand v. Paterson, a misrepresentation action, which caused much interest in the Hamilton district, and in which Mr. Justice Herdman awarded tPaterson £5241 ,_a_nages. The judgment of the Court said: "The facts are strangely like; the ca_.e of the Nelfcon Diocesan Board v. Hamilton, also before the. Court .this session, and the decision, in, this case must be similar, to that one, unless the two could be distinguished. ' The' effect of the transactions was to create a new contract. The contentions by Mr. McVeagh,- for the respondent, were untenable., and ' the cases' were non-distinguishable." ' The appeal was allowed, with costs on the .highest scale. ;