AN IMPORTANT JUDGMENT.

New Zealand Mail, Issue 761, 1 October 1886, Page 9

AN IMPORTANT JUDGMENT.

(UNITED PRESS ASSOCIATION.) Dunedin, September 28,

An important judgment in a bill of sale case was given by Judge Williams to-day. A bill of sale in consideration of £IOO advanced was given by one McCallum on the 3rd November, and was registered as a bill of sale and mortgage of stock on the 25th, more than 21 days after execution. McCallum filed in the month of August following, and the deed, not being registered in time, was void as against the assignee, but a subsequent deed to first w.*s executed on the 24th April, which recited that McCallum wasindebted to the mortgagein £IOO on the first deed. The mortgagee agreed to lend another £IOO, and extend the time of payment of the first £IOO, on the mortgagor executing the deed in question. The stock mentioned in the first deed, and other stock, being given as security. This deed was registered as a bill of sale and mortgage of stock in proper time, but the Assignee contended that the bill was void uuder the fourth section of the Chattels Securities Amendment Act, as it did not set forth a full and true statement, &c. The Judge decided that both sides were void as againt the Assignee. Hi 3 Honor also decided that a claent who does not employ a solicitor can, if successful, claim to have counsel’s costs treated as disbursements and allowed.