AN APPEAL FAILS

Dominion, Volume 19, Issue 160, 3 April 1926, Page 24

AN APPEAL FAILS

In the Appeal Court on Wednesday afternoon, Mr. Justice Sim delivered the Court’s judgment in the case of Hand v. Paterson (reported on page 3), dismissing the appeal. The judgment mentioned that there was a conflict of evidence in, the Court below as to what was said' by appellant to respondent at a certain interview. Mr. Justice Herdman had accepted respondent’s evidence, and found as a fact that appellantl told Paterson that the mortgage for £17,650 he was offering to exchange was over a property which had been

sold for £40,000, and that the mortgage represented the balance of the purchase money. It was contended on behalf of appellant that the learned Judge was not justified in arriving at this conclusion on the uncorroborated evidence of Paterson. If the Judge was satisfied as to the veracity and accuracy of Paterson, added the judgment, then the finding was justified, and ought not to be disturbed. Appellant had not satisfied the Court that the judgment of Mr. Justice Herdman was based on erroneous grounds, and the finding of the Court below must stand. Mr. Justice Alpers and Mr. Justice MacGregor I concurred.