IMPORTANT LEGAL POINT

Hawera & Normanby Star, Volume LVI, Issue LVI, 29 January 1909, Page 7

IMPORTANT LEGAL POINT

THE LAW AND STAKEHOLDERS. ,

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WESTPORT, January 28. District Judge Haselden delivered a far-reaching judgment to-day when he decided in the case of Corry t. Mervyn that appellant could recover £30 deposited with respondent as stakeholder over a boat race that took place on the Buller river in December, 1907. Respondent was told by appellant after the race was rowed not to hand over the money, but acted contrary to instructions and paid it over to respondent. Appellant sought to recover. Respondent relied on the words added in the 1894 Act, i.e. /'recovery cannot be made in any betting transaction or any money won or lost or staked in any betting transation whatever." His Honor held that this was an action to recover money handed to respondent under a void contract,, and that the Act of 1894 had not substantially altered the law on this particular point of section 33 of the Act of 1881, on which numerous judgments had been given in favor of recovery, and he allowed the appeal with> costs and £7 7s disbursements.