Black v S Freedman & Co

12 C.L.R.] . OF AUSTRALIA.

105

was wrongfully set aside and should be now restored, and the

H. C. OF A.

appeal allowed.

1910.

H a l l -G ib b s

Appeal alloived.

M e r c a n t il e

A g e n c y

L t d .

Solicitors, for the appellants, Atthow c& McGregor.

V.

Solicitors, for the respondents, McGowan & Lightoller.

D u n .

O’Connor J.

H. V. J.

tpll/AppI

ZoDoryv

Federm̂ ̂ Commissioner

o f Taxation

Foil.

NoriWa

Minerab Pty

Ltd V Comrpf

State Taxation

n Aik 179

cwAyn̂ m

[HIGH COURT OF AUSTRALIA.]

^tpnuaaioner

Jaxation

JOHN BLACK

A N D

ISABELLE BLACK .

A p p e l l a n t s ;

Cons

K & S Carp v

Aust (2003) 86 Sportinghet

D e f e n d a n t s ,

SASR312

Cons

Port of

Brisbane

Corporation v

ANZ Sccurites

S. FREEDMAN & COMPANY

.

R e spo n d e n t s .

P l a in t if f s ,

ON APPEAL FROM THE SUPREME COURT OF

WESTERN AUSTRALIA.

Stolen moneys—Husband and wife—Volunteer—Primd facie evidence unrebutted.

H.C. of A.

1910.

Stolen money can be followed into the hands of a person who takes as a

̂ ̂ ,

volunteer.

P erth,

. .

Oct 27 28

Where a husband hands stolen money to his wife and there is prima facie

' ’

‘

evidence that she received it as a volunteer and no evidence is offered to rebut Griffith C.J.

the inference, it can be recovered.

O^onnor^

Nature of evidence of identification considered.

Decision of McMillan J. affirmed.

A ppe a l from the decision of McMillan J.

The facts are fully set out in the judgment of Griffith C.J.

106 HIGH COURT

[1910.

H.C. OF A. Drake-Brockmnn and J. B. Mills, for the appellants. The

1910. plaintiffs failed to prove their case in the trial before McMillan

J.

I t was not proved that John Black had been convicted : nor,

B l a c k

V.supposing that the money had been stolen, tha t it was the money

S.

F r e e d ­

m a n & Co.in the possession of Isabella Black. No evidence was adduced to show that the wife took without consideration and th a t she was affected with knowledge tha t it had been stolen. Once the money had been through the bank it had passed into currency and could not be followed. [They referred to Clarke v. Shee (I); Collins V. Stimson (2); Mansell v. Mansell (3); Chudleiglo’s Case (4); Dudley and West Bromwich Banking Co. v. Spittle (5); Wells V. Ahrahams (6)].

[Gri-ffith C.J. referred to Appleby v. F ranklin (7)].

Piklington K.C. and J. Moss, for the respondents. McMillan J. found inter alia that the plaintiffs were entitled to recover the money from the wife it being money of the plaintiffs which was stolen by her…