APPEAL COURT

Dominion, Volume 10, Issue 3067, 1 May 1917, Page 9

APPEAL COURT

NATIVES FARMING TRANSACTION WHOSE LIABILITY. The session of tho Court of Appeal was resumed yosterday morning. The Chief Justice, Sir Robert Stout, presided, .and with him ■ Their Honours Sir John Donniston, Mr. Justice Cooper, and Mr. Justico Hosking wore associated. The Court heard an appeal by Rupuha To Hianga, against whom Mr. Justico Chapman had given judgment in tho Supreme Court. Tho case was a claim brought by Murray, Roberts, and Co., Ltd-, against the present appellant for £1284 4s. lid., being money advanced to Te Hianga, money paid on his account, and. other items of an account such as commonly arise between a farmer and a stock arid station agent. It was alleged that another Native, Joseph Rawhira Pakn, was in partnership with Te Hianga, and ho was joined as a defendant. As Paku had become bankrupt, the Official Assignee was also joined. It was claimed that the two first-named defendants; To Hianga and Paku, had engaged in business as shcep-farmors, and had subsequently extended their business to include that of motor-car drivers, and mail contractors in Hawke's Bay. To Hianga's defence consisted of a general denial of tho plaintiff firms allegations, and in a statement thathe was unaware'of any advances having been made to Paku.

The latter admitted that advances in connection with tho motor business were made to both defendants, but denied any partnership with Te Hianga in tho sheep-farming .business._ He admitted that in his dealings with the plaintiff firm lie acted as agent for Te Hianga, and all moneys and goods delivered to him by tho plaintiff firm were either delivered to To Hianga or used as directed by the latter. His Honour found that To Hianga was liable for the whole interest at 6} per cent..' Mr. T. M. Wilford appeared for the appellant, and Mr. M. Myers and Mr. Carrie (Napier) for the respondents. - Decision was reserved.( GOLDMININC. COMPANY'S CASE. Tho Full Court delivered judgment upon an application by the Waihi-Pae-roa Gold Extraction Co., Ltd., asking the Court to determine the following question:' Whether or not upon the statement of fact agreed upon by the parties, the'company was liable under section 17 of the Waihou and Ohinemuri Rivers Improvement Aot, 1910, to contribute towards the moneys or levy mentioned in the. section. The company further applied for such other declaration or order as in the circumstances might be just. • Tho Court held that the company was liable for contribution. The Crown was awarded £10 10s. costs.

• At the hearing, Dr. H. D. Bamford appeared for tho company, and Mr. J. W. Salmond, the AttorneyGeneral.

A UNIVERSITY MATTER, v ; Tho Court also delivered a judgment determining the exact mode of procedure that should be adopted between the Senate and Board of Studies of the New Zealand University when new legislation or alteration to existing legislation is. proposed. At.tho hearing, Mr. C.-P. Skorrctt, K-.C, and Mr. H. F. Von Haast appeared for the University. ' Mr, J. W. Salmond appeared oh.his-own behalf.