DAMAGES CLAIMED.

Press, Volume LXIII, Issue 18908, 25 January 1927, Page 9

DAMAGES CLAIMED.

* - .» w RESERVED JUDGMENT GIVEN. I [THE PEESB BpeeUl Bentce] 1 AUCKLAND, January 34. The reserved judgment in the claim made by the Official Assignee *on behalf of the estate of the late Haesell Oarland, sharebroker of Auckland, who committed suicide last year was given by Mr J. W. Poynton, 8.M., in Nw Magistrate's Court. Defendant was 6. L. Bradley, and the claim was for £9B 13s lOd dances for alleged failure of defendant to complete the purchase of shares. 'iThe first transaction related to 200 mining shares bought on May sth last by the defendant, and sold through Oarland," said the Magistrate. "Defendant denies that he authorised Garland to purchase any ■hares after thai date. In his books a complete purchase ia recorded as having taken place in July last, and it is in respect of this that the present claim arises. The defence is that no authority waa giyaa to Garland to purchase aucn shires, and further that when defendant became aware of the claim he caliod on Oarland and repudiated the transaction and Garland accepted the repudiation. "A second defence is raised under the Stamp Act, Section 147, which requires that the contract note of any sals or mining shares shall be transmitted to v the purchaser, within 24 hours after. In this case the contract notes but the defendant swears he never received them. One was proved to hav.> been made out on July sth, and posted on July 7th. This would render the Bale void by Section 149 of the Stamp Duties Act, 1923. In defended elaims on behalf of or against a- deceased person's estate, the Courts meet with difficulty in arriving at a satisfactory conclusion. The most important witness is Bilent, and there is every inducement for the survivor to lie for thi; reason. The evidence for the defenee, is examined with critical care in this case, however, and I accept the story o: the defence." . ' Judgment was given for defenaant. with costs, and security for appeal wa* fixed at £ls 15s.