The Gazette 1964/67

50 / 364

the Judge and corrected by him and was handed to
his solicitors, showing the Judge's deletions, altera
tions and additions to fill gaps made by the deletions.
After hearing the appeal it was submitted by the
appellant's wife that the revised version differed in
a marked degree from the original prepared by the
shorthand writer, in particular in regard to the
expressions of the findings of fact, that in the original
version these accorded ill with the conclusion
ultimately reached and that in the circumstances the
Court ought not to look only at the revised transcript
as approved by the Judge, but also at the original
uncorrected version.
HELD—Although the Court would not be slow
to censure a judge's rewriting of his own judgement
after the drawing up of the order so as to put a
completely different complexion on the issues in
dispute, and in such a case it would be necessary for
the Court of Appeal to look at the transcript in its
original form, an application for that purpose would
need to be supported by cogent evidence, preferably
by somebody who took a note of the judgement. In
the absence of evidence to show that a judge
deliberately altered his judgement so as to change its
whole character, only the transcript approved by
the judge could be looked at and not the original
version. Appeal dismissed by the of Appeal.
(Wilmer, Dankwerts and Davies, L.JJ., Bromley v,
Bromley: Law Times, September 25th, 1954,
p. 541.)
Conflict of laws
When a question arises as to the validity of the
laws of a foreign country it was the duty of the
court to take notice of it; in the circumstances of
the case the court would direct a letter to be written
to the Foreign Secretary asking whether Her
Majesty's Government had granted any recognition
to the German Democratic Republic by its govern
ment. So held in Court of Ap ord Denning,
M. R. Pearson and Salmon L.JJ.), Carl-Zeiss-
Stiftung v. Rayner and Keeler Limited & Ors.—
(The Law Times, September zjth, 1964, p. 540.)
Agency
Acting on behalf of his undisclosed principal, the
defendant, an agent for a travel agency company
(contracting as if he were principal), booked flights
from Athens to London with the plaintiffs and
received credit from them for the tickets, having
previously done business with them on credit terms.
The plaintiffs' solicitors wrote letters to both the
defendant and the company stating that, failing
payment, proceedings for recovery from the recipient
of the letter might be commenced. They subse-
sequently wrote further to the travel agency company
46
stating that they had instructions to obtain judgement
against the company " to safeguard the plaintiffs'
interests ", and subsequently they issued and served
a writ against the company. Being later informed
that the company was insolvent and was going into
voluntary liquidation, the plaintiffs did not proceed
with the action, but brought an action against the
defendant. The defendant contended that there had
been a binding election by the plaintiffs to pursue
their remedy against the principals, the company.
On appeal: HELD—Although the commencement
of proceedings by the plaintiffs against the principals
was prima facie evidence of election, the issue of
the writ against them was not necessarily an abandon
ment of the plaintiffs' cause of action against the
defendant, the agent; and, on the facts in the
present case, there had not been any final election
by the plaintiffs to rely on the liability of the company
in exoneration of the defendant. Appeal dismissed
by Court of Appeal.
(Willmer, Davies and Russell L.JJ., Clarkson,'
Booker, Limited v. Andjel. Law imes, September
25th, 1964, p. 540.)
WEEKLY HALF-HOLIDAY : FERMOY
FERMOY SOLICITORS
Members please note that as and from the first
Saturday in October the solicitors practising in
Fermoy intend to take the weekly half-holiday on
Saturday instead of Wednesday as heretofore.
DUBLIN SOLICITORS' BAR
ASSOCIATION
At the Annual General Meeting of the above
Association held at the Solicitors, Buildings, Four
Courts, Dublin, on Monday the 26th October, 1964,
the following Officers and Council were elected for
the year 1964/65.
President—"Mx. J. M. Farrelly.
Vice-President—Mr. Ernest Margetson.
Honorary Secretary—Mr. Gordon Henderson.
Honorary Treasurer—Mr. Edmond O. Sheil.
Council—Messrs. V. Wolfe, E. Byrne, K. Burfce,
R. Knight, G. A. Williams, G. Doyle, P. McMahon,
A. O'Huadhaigh and M. Kenny.
OBITUARY
MR. ANDREW J. O'FLYNN, Solicitor, died on the
ist July, 1964.
Mr. O'Flynn served his apprenticeship with the
late Mr. Patrick O'Flynn, Manorhamilton, , Co.
Leitrim, was admitted in Easter Sittings, 1924, and
practised at 4 Lr. Cecil Street, Limerick, under the
style of A. J. O'Flynn & Co.