COURT OF APPEAL.

New Zealand Herald, Volume XXXVI, Issue 11202, 24 October 1899, Page 6

COURT OF APPEAL.

[BY TELEGRAPH.— ASSOCIATION.] Wellington, Monday, Ix the case Common, Shelton and Co", v. Timani Milling Company, the Appeal Court : were unanimously of opinion that the correspondence showed a concluded contract for the purchase of about 600 tons of flour by the appellant from the respondent company, and also that the respondent company was entitled to assume that the purchase in question was within the powers of the directors of the appellant company, and that the appellant company was bound accordingly, The appeal was therefore dismissed with costs on the highest scale. In the case of Tikitiki v. Assets Board, the Appeal Court held that the proceedings of the Native Land Court, though irregular I in some respects, were sufficient to support i the freehold title obtained from the natiros | by Mr. Cooper, who afterwards transferred j to the liquidators of the Glasgow Bank. The ] native title had therefore been extinguished, ; and it was not open to the appellant to com- j plain of any defects in the devolution of title' I from Mr. Cooper to the respondent company. : The Court was, however, further of opinion I that the company's certificate of title could j not be impeached, there having been at most j nothing more than irregularity in the issue i of land transfer title, and the certificate Lav* j i ing been obtained without anything ' approaching fraud in any sense of the term. The question whether under the City of j Glasgow Bank Liquidation Act, the respon- i dent company were in the position of pur- j chasers for value without notice from the I liquidators of the bank, was left undeter- i mined by the Court. The appeal was dis- ( mi nil. w '"' cos ' s on the middle scale. 1 I his was the last case on the list, and the 1 Court adjourned to Wednesday, when 1 further reserved judgments will be delivered i if ready.. j