APPEAL CASE.

Wanganui Chronicle, Volume L, Issue 12145, 8 September 1908, Page 2

APPEAL CASE.

RICHARDSONivViHATRICK AND

MERSON

This was an appeal from the decision of R. L. Stanford, Esq., S.M., in the case in-■ the Magistrate's Court, in wJiich Alexanderfiatrick, of Wanganui, merchant, .and Harry Merson. of RaeBawmiJler «ued William !fi^#mileged3lcst detfendaht ori 26th*F(Bbruary, 1908, induced them -by fraudulent repieseritations pay him^Ehe^afeve^umyj /o.?.iin. tho- alternative indfl<ed theni by represer.rations to pa#£liifcft the above sum. rhp Magistra|e is apex;hoaring the case, gave judgment fo^iKe^plaintiffs/forvi£sSj 8s 9d as the am6un't;had been obtaified by defendant, on fraudulent representa^ tions. Against tKis 4ecisioii defendant appealed. :;

Mr Cohen appeared for the appellant (defendant in the Mower Court) "and Mr Hutton for tho respondent (plaintiffs in the lower court.) ' The appeal, which was on the grounds of law and of fact-stated (1) That the Magistrate was wrong; in point of fact in holding that defendant acted fraudulently as alleged in respect of any matters in tho claim,, and in holding that his claim was fraudulent. (2) That the Magistrate was wrong in holding; (if he did) that defendant had made any representation at all to the plaintiffs, fraudulent or otherwise. (3) That the Magistrate should have found as a fact that the plaintiffs in'paying the,,claim cf defendant waived? al!:iiiquiryl Ismdj Jii r consequence of such finding should hav^ef; held as a matter of law that thef p!aiii--11 ff a w ore estopped and that.{-judgment • should b" for the defendant. > ■;■& After hearing; tlie argument o| counsel fit lei'gth, His-Honour reserved his decision. '

Thore being no other cases on the list the Court rcse at 6.5 p m.