A MISSING LITIGANT.

Auckland Star, Volume LIV, Issue 48, 26 February 1923, Page 7

A MISSING LITIGANT.

PLAINTIFF'S STRANGE DISAPPEARANCE. XOT SEEK SINCE THURSDAY. The customary smooth turning of the wheels of the law was interrupted at the Supreme Court this morning, when it was ascertained that the plaintiff in a civil action was the only person involved in the proceedings who was not present. Necessarily, the plaintiff is an essential to an action as the ghost in "Hamlet,"' and counsel, Mr. Luxford. could not do other than apply for an adjournment.

The plaintiff, Mr. David Henry Kirk, called at counsel's office on Thursday last. Ail appointment was made for the following day, but Kirk failed to make an appearance. Thereafter counsel lost track of his client, and on Saturday night friends of the plaintiff informed counsel that they believed Kirk to be seriously ill. Xothing definite could be ascertained, and an extensive series of inquiries at boardinghouses and hospitals throughout the city elicited nothing. AX EXPENSIVE ADJOURNMENT. Everybody was present except plaintiff, said Mr. Luxford. He was quite prepared to go on, yet without the plaintiff this was impossible. Would an adjournment be granted till next Mon dayj Mr. Hogben, for the defence,, did not object. His Honor granted the application, adjournment costs being fixed at £15 15/, and plaintiff was ordered to pay the jury fees for a half day. £1000 DAMAGES CLAIMED. The action is in respect of a claim for £1000 damages, for alleged fraudulent misrepresentation in connection with the sale for the lease of premises situated at Xo. 50. Queen Street. Plaintiff, in his claim, alleges that the defendant, by a fraudulent statement, obtained the execution of a cancellation of an agreement, under which the plaintiff agreed to purchase the lease of the premises. Defendant, David Bookman, is a pawnbroker.

The missing man, David Henry Kirk, is known to have lived in Auckland boardinghouses for some time.