Reports of Cases Argued And Determined in the Supreme Court of ..., volume 14

Cover Reports of Cases Argued And Determined in the Supreme Court of ..., volume 14
Reports of Cases Argued And Determined in the Supreme Court of ..., volume 14
New South Wales Supreme Court
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On security of the vessel, the {a) 4 6. & S. 422, 455 ; 32 L. J. Q.6. 33, 382.
1—14 Digitized by Google 354 SUPREME COURT REPORTS.
]^^ two plaintiffs executed a bill of sale to a Mr. Stokes, and Pakr after that the son only, in consequence of a prior Aga, arrangement, executed a bill of sale to the defendant.
Under the powers contained in that bill, the defendant, after a due demand and refusal, seized and sold the vessel, which was the cause of action. At the trial a question arose as to wheth
...er the vessel was the property of the father and the son, or of the son alone ; and, however that might have been, whether the father had not always represented the son as owner.
The jury, in answer to a question from the Bench, found that the keteh was the property of both father and son, and damages were awarded in the sum of £200. On that verdict being given execution was stayed, and the Court granted a rule nisi on the ground that the verdict was against evidence. As to the question whether the special finding were right or wrong, there was distinct evidence that the father had represented that the vessel was the property of the son, and without any doubt that evidence, and evidence to the like effect, greatly preponderated.


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