THE APPEAL COURT.

Otago Daily Times, Issue 10200, 7 November 1894, Page 4

THE APPEAL COURT.

(Pcs United Press Association.) Wellinbton, November 5. In the case of Eccles v. Ball, now being argued in the Court of Appeal, the case is one removed for argument from the Supreme Court, Christchurch, into the Court of Appeal, ond involves a question arising out of the bankruptcy of Harper and Co. Plaintifl is executor of the late Major Eccles, for some years aide-de-camp to Sir Wm. Jervois when Governor of -New Zealand. The defendants are Sir John Hall and Mr Parker Westenra, who are sued as trustees of the will of the late Sir John Cracroft Wilsou, and Lady Wiison (his widow), who is sued as a late trustee and beneficiary. In tbe year 1892 plaintiff had become registered proprietor uuderthe Laud Trausfer Act of amortgage originally gi,[cn to Major Ecclesby one Brown to secure £600. Mr Leonard Harper held a power of attorney from plaintiff, and Harper and Co. had Brown's mortgage in their possession. At that time the trustees of Sir J. C. Wilson's estate were Mr Loouard Harper and Ludy Wilson. In August 1892 the family of the late Sir J. C. Wilson began fco put pressure on Mr Leonard Harper to hand over to au independent solicitor the securities held by him for the money of that estate invested, and place to the separate trust account the moneys of the estate uninvested. The uninvested money amounted to a considerable sum, which had in face been paid into a heavily overdrawn account of Harper and Co. The pressure for a settlement, with Wilson's estate was continued all through August and September, and finally, as part of a settlement, Mr Leonard Harper handed over to the solioitor acting for Wilson's estate the'mortguge of Brown to tbe piaiutiff, of which he (Mr L. Harper) had, as attorney for the plaintiff, executed a transfer to himself aud Lady Wilson as trustees of the Wilson estate. The'mortgage was afterwards further transferred to Sir John Hall and Mr Westenra, the existing trustees of that estate; aud subsequently, in December 1893, Brown, the mortgagor, paid the £600 to them and obtained a release. The transfer from plaintiff by Leonard Harper as his attorney was expressed to be ia consideration of £600 paid, but no money ever passed, nothing takiug placo but a mere entry in Harper and Co.'r books crediting plaintiff and debiting Wilson's estate with the amount. Plaintiff claim*, therefore, to recover £600 from defendants, as for the consideration of the transfer. Messrs Fisher and Jolly appear for plaintiff, and Messrs V. R. Chapman and Striuger for defendants. The oase is being heard by tiie full bench.