BILLS OF EXCHANGE.

Press, Volume LXV, Issue 19672, 16 July 1929, Page 13

BILLS OF EXCHANGE.

APPEAL COURT'S JUDGMENT. (PRESS ASSOCIATION TELEGBAM.) WELLINGTON, July 15. The judgment of the Court of Appeal was delivered to-day in the appeal of H. R. Munns and Co. Ltd., an English company carrying on business as manufacturers' agents, against D. Levin, Ltd., of Wellington, clothing manufacturers, respondent. Appellant issued proceedings under writ on two bills of exchange for £2BO 4s lOd and £368 7s 9d respectively. The procedure (as summary procedure) requires leave to defend being obtained. Respondent obtained leave to defend from Mr Justice Herdman, and appellant moved to rescind the order on the ground that respondent's allegations that the goods sent were of foreign manufacture instead of English manufacture, and failed to conform in description and quality with those ordered was not a defence to the bill of exchange; and that appellant was entitled to judgment. Respondent being driven to counter-claim, Mr Justice Ostler refused to grant a motion to rescind, and the appeal was from the order.

At the hearing on June 36th, Mr P. B. Cooke and Mr W. P. Shorland appeared for appellant, and Mr W. E. Leicester for respondent. Mr Justice Blair delivered the judgment of the Appeal Court, which was that the leave to defend allowed by the Supreme Court should stand upon condition that respondent within seven days pays into Court or gives security for the amount claimed, but without costs. Costs, £3 3s in the Supreme Court and £ls 15s in the Court of Appeal, were allowed to appellant with the necessary disbursements.