SUPREME COURT.

Auckland Star, Volume XXIII, Issue 214, 8 September 1892, Page 5

SUPREME COURT.

CIV& SESSIONS.

TI»S DAY. (Before His Hoas(7justice Conollv.) ' George Wilson v. Sfa VI DA_.-Thi a r r t^.« doads ' of certain ? ™?il £.%$ e>*ce.-Mr Heskebh, points of the pleadings Were admitted ._ George Wilson, farmer, Pukekohe _-av_ evidence that he,k new Xr^xanZ! with whom he hadl cer^ m •_ sactions before 1887. Wit neBB applied on one occasion to Mr Alexander tm^lwa of £200, which was pawner few and which he repaid in instalments. Witness said that he could nob read. He paid the last instalment of £20 on the 6th February of this year. He implicitly trusted Mr Alexander and was under the impreseion that the latter had handed over the payments co Mr Vidal, who had' advanced the money through Mr Alexander on mortgage of witness' land. He had always paid his interest regularly to Mr Alexander.— Christopher James Parr, solicitor, formerly in the service of Mr Alexander) deposed that he was in Mr Alexander's office in 1887 when the mortgage was dated. Mr Evans' an accountant, was in Mr Alexander's office ab the time. He did not know how Mr Alexander gob the £250 which he lent to Mr Wilson, but he knew thab Wihon paid tho interest on thab sum, and that ib was again paid to Mr Vidal's agent, Mr Player, in Auckland. He could give no reason why the interest was paid to Mr Alexander instead of to Mr Vidal direct. He remembered Mr Wileon paying tho lasb £20, for which he gave a receipt. (Receipb produced.) Ab that time Mr Wilson said he wished to have his deeds put straight, meaning, witness understood, thab now he had repaid the money he should have his mortgage discharged. A week afterwards Mr Vidal came into Mr Alexander's office. He produced Wilson's mortgage deeds, and asked the accountant to do whatever was necessary for his signing them at once, as he was leaving for Australia. Witness asked him to wait) for ten minutes while he made out the releases. When witness had , done this he tendered the deeds to Mr'/ Vidal, who signed them in his presence. Witness then attested the deeds, handed them back to Mr Vidal, and said to the accountant, "Mr Evans, Mr Vidal has signed the releases. What aboub tho money ?" Mr Evans took up Mr Alexander's cheque book, and brought it over to tbe table where witness was. He oaid he would give Vidal a cheque for the principal and inter- ■ est up to February 6th, when the lasb payment was made. Mr Vidal demurred at this, andsaid he thought heoughttoshareinterest to the end of tho quarter. The accountant said he could not give him this without referring the matter to Mr1 Alexander. Tho latter was in the room soon after, and said, there was no doubt Mr Vidal was entitled • to interesb to the end of the quarter. In answer to Mr Vidal, Mr Alexander said he would see Mr Wilson and try and gob the interest from him. Then Mr Vidal andMr Alexander began to talk aboub tlie . principal, and Mr Vidal said he would ff leave the principal with Mr Alexander if he could get a good investment for him before the end of the quartor, but he stipulated that tbe security should be first approved of by Mr Player, his agent. On leaving, Vidal took the mortgage deeds with him. Some time afterwards Player called on two occasions, and asked if there were t

any good securities for Vidal'a money. Witness told him that Mr Alexander had not yet found a security. Player then said that if there was no fresh security for Mr Vidal'a money he >yould have to take it oub of Mr Alexander's hands, or place ib in bbc bank. Up to the time of Mr Alexander's death no investment was found, and the principal money was in his hands.—His Honor interjected, " Supposed to be in his hands, for as a matter of facb Mr Alexander had nothing at the .time of his death."—Witness continuing said he remembered two mortgages—Hall to Vidal and McFadden to Vidal—being in the office; McFadden's was paid off, and the money paid to Mr Alexander. In the case of the Wilson mortgage, Mr Vidal held all the deeds.—Thomas Seddon Evans, accountant, deposed that he was in the employment of the late Mr Alexander for about 18 years before his death. Ho knew both Wilson and Vidal, and was also aware thab Vidal had a mortgage of £250 on Wilson's property. Wilson repaid the money, and it remained in Mr Alexander's hands. Witness' duties when in Mr Alexander's employment were chiefly to keep the books. He was therefore aware when Mr Vidal came to sco Mr Alexander in reference to tho mortgage on Wilson's property that all the money had been paid^ into Mr Alexander's bands.

(Left? Sitting.)