COURT OF APPEAL.

Press, Volume XXXVIII, Issue 5365, 5 December 1882, Page 2

COURT OF APPEAL.

fpSKSS ASSOCIATION TKLBGBAM.j WELLINGTON, December 4

Judgment was delivered' in the Appeal Court this morning as follows sr-Queen t Vale (Christchurch), conviction quashed; Queen v Gorman, conviction affirmed; N.Z. Loan Agency v Paterson and McLeod (Dunedin), verdict affirmed ; Maitland v Mervin (Dunedin), demurrer allowed; Beynolds r Napier (Dunedin), demurrer overruled; Cooper v'Coleman (Gisborne), appeal allowed with costs. The judgment in MaiUand v Mervyn decides that the Government cannot sue'for instalments on deferred payments. Their only right is to forfeit. By the decision in Cooper v Coleman, a person cannot be adjudicated a bankrupt on the application of a person who purchased debts for the purpose of adjudicating him a bankrupt. Judgment will be given in Hurrey v Bank of New South Wales on Wednesday.

Judgment was delivered in the case of Proudfoot v Turnbull (Dunedin). The decree was affirmed as to the Battray street lands, directing a conveyance to Turnbull of one-half. The decree was reversed as to the Musselburgh lands, and the case to be referred back to the Supreme Court to ascertain George Proudfoofs interest, if any, in the latter. Turnbull to pay George Proudfoofs costs of the appeal; David Proudfoot to pay Turnbull's.