THE APPEAL COURT.

Otago Daily Times, Issue 12934, 29 March 1904, Page 5

THE APPEAL COURT.

(Per XfiaiErj Prasa Association , .) Wellington, March 28. The Appeal Court to-day heard argument in. the case Reynolds v. the Nelson Harbour Board. In tlio lower court judgment was entored for. £939 for plaintiff, hut certain questions were reserved tor tlio Ciurt (if Appeal. These wero: (a) Wlielhor by reiiEon of the ycneral law as to cor-.-poratiphs, of Ijy rcsfsdu oE the Harbours Act of 1878, or by the Statute of Frauds, tlio ifitet iliat fliei'u was no expieai contract tiijd(,'i' seal of the board lictwecn the plain1M and iho defendants was a bar to plaintiffs uf aciipii, and whether such ri[{ht of fiction ho founded upon contract or upon cliiahttiui mer.uit; (hi aisiiining tlat tlio 11011cxislent'O of ;i contnict: U no bar, whether Upon a coiift.nirtjoii of flic; forrespoiidence behve-av thi) parties tho plaintiff is entitled to rccovpr' boycjiid the sums of £600 und i>Bso, w.iiicli Ki'K ai-tiiallj: paid him. Dr I'iiiillivy, opc-'-ginij for Hie "boiird, contended tliiit tho liujrd'wcva entitled to n nonsuit or judgment., iKicvvithi.i'.anding the verdict of. the jury. Argunvt-nt was couchuled in the jij'.tofiiuoii, ami tiie cpni't reserved its . decision.