LAW REPORTS.

Dominion, Volume 2, Issue 341, 30 October 1908, Page 10

LAW REPORTS.

SUPREME COURT. IN BANCO. ■ OWNERSHIP OF A HORSE. W. H. HOOK v. H. A. GOLD. Sitting in Banco yesterday, Mr. Justice Cooper heard argument with respect to the case of Wm. llenry Hook, marine engineer (appellant), v. Henry Arthur Geld, general agent (respondent). Mr. Levi appeared on behalf of tho appollant, and Mr. Nielsen for the respondent. The facts were briefly as follow Appellant brought an action in the Magistrate's Court to rccover from respondent, who was trustee in tho estate of his brother, Lewis Hook, a. horso which lie alleged had been sold to him by his brother two years previously. It was contended on behalf of appellant that at the timo of tho assignment of his brother's estate tho horse was not in the possession of his brother, and did not form part of his estate, and therefore was unlawfully seized by respondent. For respondent it was submitted that tho horse had always been in the possession either actual or apparent of appellant's brother, and therefore was properly seized by respondent as being part of the estate. The magistrate found that the horso had never left tho possession oither actual or apparent of appellant's brother, and formed part of the estate in tho question, and respondent was justified in seizing it. He therefore gave judgment for respondent with costs. An appeal was now brought on the ground that the evidence did not justify the finding of the magistrate that the horse was ; n the possession of appellant's brother at the time of the assignment of his estate.

After hearing argument, his Honour held that there should have been evidence before the Court below of the actual date of the execution of the assignment; and added: It is quite clear the inrlrrmont. nf fhn magistrate must be varied. In justice to him I must say it is quite a. natural error for him to have fallen into. He seems to have assumed that the assignment was admitted. I hold that the magistrate's verdict must be set aside, and direct that a non-suit be entered by consent without costs either in the Magistrate's Court or in this Court.