SUPREME COURT.

Press, Volume L, Issue 15014, 8 July 1914, Page 2

SUPREME COURT.

CIVIL SITTINGS. (Before his Honour Mr Justice Sim.) CLAIM FOR TIMBER.. In the case Riccarton Timber Co., Ltd. (Mr Dougall) v. Albert Ktngsford. ciaim was made for £308 11s 4d. alleged to be due as a debt for timber supplied. Harry Stubberfield. secretaiy io the company, gave evidence that Kiagsford was a, Christcliurch builder who had been supplied with timber to the amount specified. Judgment was entered for plaintiff for the amount claimed, costs being granted according to scale. AX ACCOUNT CASE. In the case Parsons and another y. F. A. Anderson and others. Mr Hunter, instructed by Mr McOougail, appeared ior plaintiif and Mr Ji. 1). Aclubd-for the defendants. Mr Hunter said that this was a claim for accounts by Farsons. a storekeeper at Little Itiver, against Autit-ison. and others.

Some nineteen paragraphs in tho statement or claim s«t «ut the financial transactions in respect of certain mortgages which were somewhat complicated. Plaintiffs were entitled to accounts in connexion with some settlements and renewals or , mortgages in order to see their position. Mr Wilding, solicitor, came into one of the transactions, and was associated with Mr Ollivier and Mr Anderson in the defence. His Honour: Is it .the duty of the mortgagee to inform his debtor of the amount owing r 1 Mr Hunter: I submit that it is, your Honour, if he is a solicitor. His Honour : Vejy well. Mr Hunter outlined the case at length. After quoting legal authorities, ho submitted that plaintiff was entitled to accounts against the three mortgagees. Tho accounts had been used by the mortgagees on the ground that settled accounts had been arrived at,• but it was contended that these ajleged settled accounts extended over a small portion of tho transactions, and were only a statement of balances and not '"settled accounts'' in the proper sense of'the term. Mr Acland submitted that; on the pleadings and admissions of plaintiff's counsel, there had been settled accounts, lho only item in question . was that plaintift was not liable for commission. He was instructed that no commission ]iad been ,charged on the sale of the property. The defence claimed definitely that there had been settled accounts. Mrs Parsons, in evidence, said that in 1909 she owned a farm at Bankside. and had had since then mortgage transnctions with Mr Wilding's firm. The first mortgage was with the Public Trustee for £2500, but after that sho did .not know . who the mortgagees were. She first knew that Mr Wilding was the mortgagee about the time of the sale to Ber.bow. The solicitor who had witnessed her signature to thj document was Mr'Champney, but he had not read tho assignment through nor did he explain it to her. Alfred Parsons also gave evidence. Mr Acland- submitted that in July and November accounts were given which were "settled accounts." His Honour (to Mr Hunter): Should not you show some grounds for the opening of the accounts? Must not you prove either fraud or error? ' Mr Huntei contended the alleged "settled accounts" could not be complete when, in each case, they wore opened by large amounts at balance. Further,' accounts were wanted between a solicitor and client; \ They could not show "error" unless tliey had the accounts. . , , His Honour asked Mr Acland why the accounts had not been given. Mr Acland said they had been supplied. ' • Mr Hunter: No, that is not so. But) if they will stlpply all accounts since 1909, we- will, take an adjournment and investigate. • ' '' ' Frederick Wilding, solicitor, sworn, said' that full accounts had been given to the plaintiffst— soirte wore handed to Mrs Parsons personally, and others wore posted. At..the settlement of July 24th, 1913, the accounts wore explained to her by Mr Grainger,'his aroountant, at Ins ' request. Plaintiff had afterwards said she was quite satisfied. He produced a press-copy letterbook, showing that accounts were furnished to Mrs Parsons in May, 1911. The accounts were very voluminous, and it ■ would be a long and expensive business to furnish a fresh 6et now. Permission had recently been given to plaintiff's solicitor to examine all accounts at witness's office. - Eoyd Grainger; accountant to Mr Wilding, si ated that numerous. accounts had been rendered to Mrs Parsons. , ..■••. Alfred Champney also, gave evidence.. Judgment was reserved by his Honour.