Daniel Hughes Plaintiff/Appellant v E. J. Wolfe Charles Horncastle Defendants/Respondents & Company Ltd [ECSC]

• Jurisdiction: Antigua and Barbuda
• Judge: PETERKIN J.A.,(N. PETERKIN),(E.L.ST.BERNARD),CHIEF JUSTICE
• Judgment Date: 04 March 1976
• Judgment citation (vLex): [1976] ECSC J0304-1
• Docket Number: CIVIL APPEAL NO.1 of 1973
• Date: 04 March 1976
• Court: Court of Appeal (Antigua and Barbuda)

[1976] ECSC J0304-1

IN THE COURT OF APPEAL

Before:

The Honourable the Chief Justice

The Honourable Mr. Justice E.L. St.Bernard'

The Honourable Mr. Justice Peterkin

CIVIL APPEAL NO.1 of 1973

Between:

Daniel Hughes

Plaintiff/Appellant

and

E. J. Wolfe Charles Horncastle

Defendants/Respondents & Co. Ltd.

Appearances:

C. Francis for Appellant

K. Forde with him

F. Charles for Respondents.

PETERKIN J.A.

1 This is an appeal against the Judgment of Louisy, J. dismissing a claim for indemnity arising under a policy of motor insurance dated 12th September, 1959, made between C.F. Horncastle & Co. Ltd., Insurance Brokers of London, and the Appellant and issued to him by E.J. Wolfe as agents in Antigua on their behalf.

2 On 20th December, 1959, the Appellant's vehicle was damaged as the result of an accident, and he notified E.J. Wolfe who took possession of the truck and sent it for repair to the garage of George Mendes. The Appellant later refused to take delivery of the truck on the ground that it was not roadworthy, and on 6th May, 1960, he issued a writ for $6,000 against E.J. Wolfe under the policy of insurance.

3 In his defence delivered on 20th July, I960, the Defendant pleaded that the contract of insurance was made between the Plaintiff and Charles F. Horncastle & Co. Ltd. in which transaction the Defendant acted as agent for the said Charles F. Horncastle & Co. Ltd.

4 On 4th July, 1962 an order, on the application of the Appellant, was made to join Charles F. Horncastle & Co. Ltd. as a Defendant with leave given to effect substituted service of any document at the business place of E.J. Wolfe, their agents, at Long Street, St. John's. From the record it does not appear that any document was served in pursuance of this order. Certainly, not amended writ nor any amended Statement of Claim was issued or served on Charles F. Horncastle & Co. Ltd., and the action was set down for trial. The action was heard, and in his Judgment delivered on 30th November, 1972, the Judge dismissed the action against E.J.Wolfe, and held that there was no action against Charles F. Horncastle & Co. Ltd. as no further steps were taken for the order to join them as Defendants.

5 At the hearing of this appeal, Counsel argued two grounds, namely (a) that the trial Judge erred in holding that the Defendant Wolfe was not liable since the receipt issued to the Appellant by E. J. Wolfe was in his own right, and (b) that E....