APPEAL COURT

Evening Star, Issue 19270, 8 June 1926, Page 9

APPEAL COURT

[Per United Press Association.] WELLINGTON, June 7. The Appeal Court has reserved its decision on the application for leave to appeal to the Privy Council in the case of s.s. Port Stevens versus Inglis Bros. Mr O'Leary, in support of the motion, stated that, as the amount claimed was under £4BO there was no appeal as of right. The application was made, however, on the ground that the matter was of great public importance. The Supreme Court had held that a defect in the landing gear constituted unseaworthiness, and this was reversed in the Court, of Appeal. The question whether a defect in the landing gear constituted unseaworthiness had not y‘*t been decided even by the English courts. Mr Blair, in opposing the ipplication, contended that the case cmiM not be of great public importance, since it, was only very rarely that this position arose. The Appeal Court has granted provisional leave for an appeal to the Privy Council in the case Bank of New Zealand versus Baker. [A "Wellington Press Association message received on April 12 stated Judges from both divisions of the Appeal Court axe siting to-dav to hear a Taranaki case, the Bank 'of New Zealand v. Baker, involving intricate dealings on a mortgage "fhe bench consists of Mr Justim Sim. Air Justice Stringer, Air Justice Herdman, Air Justice Reed, and Mr Justice Adams. A full court, consisting of Air Justice MacGregor. Air „ustice Ostler, and Mr Justice Alpers, originally hoard the case, and the judgment," of Mr Justice AlacGregor and Mr Justice Ostler, Air Justice Alpers dissenting on the first 1 and expressing no opinion on the second point, was: (1) That the mortgage by defendant extended to secure ail moneys owing by one S. Smith to the bank and was not limited to moneys owing by Smith and secured bv the mortgage given by him in October, 1916; that even it tins construction was erroneous, the defendant had contracted himself out ot his right as a surety, and that release ly the bank of the mortgage given by Sraith in October, 1916, and the taking of a new mortgage in lieu thereof did not entitle the defendant to have the mortgage given by him released. <-* That as Smith was bankrupt at the date of demand on the defendant there were no moneys due or payable by Smith to the bank at that date, mid defendant was therefore entitled to the release of his mortgage. oir oohn Findlav nod Air H. F. Johnson appeared" for the appellant, and Air C. P. Brown and Air R. Kennedy for the respondent. At. the conclusion of legal argument the court reserved its decision.]