COMMERCIAL ARBITRATION AGENCY.

Dominion, Volume 1, Issue 225, 16 June 1908, Page 4

COMMERCIAL ARBITRATION AGENCY.

9 , , .. ' ALLEGED FRAUDULENT REPRESENTAj TION. . ... y FURTHER EVIDENCE. . Tlio hearing in the case between R-osina Wright and Vanda White was continued yesterday afternoon before Dr.-M'Arthur, S.M., at ,ihe Magistrate's Court. Tho claim' was for £30, which, it was alleged, was obtained by. fraudulent representation regarding " Tho Commercial Arbitration Agency." Mr. Von Haiist-appeared for plaintiff, and Mr. Levvey for; defendant. y Cross-examined by- Mr. Lewey, Miss Wright said that her age was 23, and she was born in Paris and brought up in London, whero'sho had considerable experience. Sho arrived from' England in'Sopteinbor of last year, Witness was'to roccive 305.-per weekand commission, and a third of the profits. She understood that sho was to do typewriting.- Mr. Whito never .-mentioned partnership to her at all. ' Ho said that, sho was to put £3Q.down as trust as so much money■-was ' coming into the office.- Sho mado no inquiries about Mr. Whito. . She initialled two agree-, mentis without reading thorn. ' Mr. Lovvey: Was'yit not a fact that you smd Mr. White were to go even shares?— .Witness: No. Wero you to sign cheques.?—Yos. Were you not useless in the office?—No; no one over camo in. > ; . ; , • Ypu reckoned .you had; a .good;; tiling on? —: I told him I wanted -to gat'light and honest work. % Wlmt |Wcre your hours? —Ten to four. While you were in tho office, how many letters did;you write? —Eleven or twelve. Did you-not write three times that number?—l want to see them first. Mr. .-Levvey .'produced,, a. book, with a list of'letters written. Mr. Lovvoy : Did_ you writo all these?— Yes, but they were,not all sent out, as there were no addresses. At the original, .interview, did not White tell ypu what-ho mado?-—He said ho .inado. between £200 and £300 per week. And you-were to-'get a "third"of this .for '£30?— I expected 80s. per weok. I believed Mr. White. , You had not mot him before?:—No. i 'Aiid-yot ydu'liblieved him?— Yes'?* Did not Mr. Whito toll yon that the £50 was -wrong ?->-No. Mr. White asked me for £50. v .. And when he could not cot £50, he tbili £30?— Yes. . • * _ Did you go on any trip?—l went .'to Otaki to write letters. W.hat did you do?— Mr. White said it .was too late. ' His Worship: Was he witli you?— Yes. Mr. Levvey: Did you not threaten to tell his Wife something about the Otaki trip?— No:Where did you stay?—At the Jubilee Hotel, 1 think. . tJiider your own . namo?—As far as I know. You did not put your name down as Mrs. •White?— No. - - Arid it was not that that you threatened to tell Mrs. Whito?—No. And if ho said otherwise ho was wrong?— •Yes.His Worship: Is Mr. Whito giving evidence of this? ' Mj. Levvey: Mr. White is prepared to givo' evidence.-. < ' Sir. Levvey : What made you get suspicious; in the first instance?—l wanted it in . black arid white. According to your story, thoro was nothing in the ibusiness, at nil ?—Nothing I could, sep. " If Mr. White could show that after you left his business Increased, and that he was working it up, what would you say?—lt nothing to do .with me. ' . ' Did you not /suggest that Mri Whito should givo you back your money?— No. ' Did not ho say that your wanting it back on such short notice would make it difficult for him?— No. Did you not suggest that your real reason. for .wanting tp get ; put'.'ivas that' 1 ybii li'atl '' had a lively and bright lifp in London, and that yojl.wanted to get'out of this?— No. - • Did you not tell him about your theatrical' experience?—lt camo from him. Ho wanted me to" join some company. On the day you couid not. get in tho office you were, angry?— Yes, as the, offico was notopen till -half-past, cloven. — * . When you came to me as Mr. White's solicitor, you did,'not mention the charges now brought?— No. " You wore, very worried about the matter, and the prospect pf. lpsing ypur mpney?— ..Yes. ■ . - - ■

. v ßut you ditl not think it necessary to Bjieak of fraudulent' misrepresentation?— ■ ;You went.to the police?— Yes.. . . ' Did 'thoy take action?—l don't know.S-I saw my solicitor boforo I sa'w the police. You did riot threaten to smash Mr.;' White's business?— Never.

You havo li?.d a 2ood_ experience, and yet you signed documents without reading them: You found out two days later,, and you did nothing'for five weoks?-y- aslfed Mr.* White, hut ho said it was all right, and that I need not worry. ' " : ■ v' '*V' Tho idea was to -£et two .lady typists.'.to pay a premium. Wero you to got a premium, for this? —Just the 30s. per'week. While Mr. and Mrs.. Holder, wero in tho office you got a nod and a wink, and you said yes? —Yes. • And you expect us to believo this?— Yes. Were you not toj get. something out "of tho £60? —I don't kuow. ; ~1 Mr. Levvey: You p.ro too innocent for this world,. M>ss Wright. You want somebody to, look after you before you 20 into business. ' ~ . ' - Witness: I wish .-I had in this case. . Mr. Levvey: How much did you rdceive altogether ?—£G. ' ■ < . Was money.'paid you fchrouch. your brother? —It's a lie. ' Mr, Lovvey: For a lady so ignorant of business you aro very, definite about it. Mr. Von Haast: When did yon sco ycur solicitor after seeing Mr. Lovvey?—Tho samo day after Mr. Levvey offered me a post-dated ; cheijuo.' ■' Who arranged about tho hotel?— Mr. White. ... He paid tho faro and you did nothing at all?— No. • • - As Miss: Wright; left the witness-box. sho dropped 011 to a chair and burst into teari. OTHER EVIDENCE. : ; Sarah .Holder, wife of .lames.'Sydney Holder, stated that she 'remembered tho ' advertisement referred to. Witness and. her daughter wont to see Mr. White at 32 Willis Street. Miss Wright was there, but sholeft ilio room almost immediately after witness went in. Sir. White explained tho arbitration business, which he said Miss Wright-wanted to sell, as .sho; was»leaving for Home. Ho said that sho wanted £60. Miss Wright came hack as witness was about to'loavo.-' - Mr. White mentioned that Miss Wright was .going 'Home, and she said ""Yes." Ha had no fault to find _ with her except that sho was tired of being , hero. In the room there was a table, somo chairs, and a typewriter. Mr. Lbvvoy: You did not sea Mr. White rod and wink? —No. Ho seemed perfectly opon and frank about tho matter? —Yes. James Sydney Holder, a jeweller, said that Mr. White called to see him regarding tho busings.:. Mr. White told him that Miss Wright wished to sell out -for £60. This was for a th'ird share; Mr. White said that it was' an agency, and also debtcollecting was done. Ho gavo witness to understand that ho acted as a'go-between' of parties:to slander or" other actions to pro- , vent the eases from going into court._ Mr. Von Haast: To usurp-.the business of His Worship, Mr,.Lovvey, and myself. His Worship : No wonder ho mado £200 or C3OO a' weSlc. ' ' ; V ' Witness: Regarding.ths Dunedin business, Be said lha had bad a dispute'with his', part- . ner and left him there: His Worship: An opportunity for arbitration. • ' ■ | Continuing, witness stated that Mr. White said that Miss Holder was to recoiye 30s. per wcok and a sharo'in the business; In tho event,of her retiring within six months,. Uiie was to receive half of bor deposit. Mr,

White was. very..indofinito on tho.subject of tho business done. Ho only mentioned ono item of business. Mr. Lovvey: Did ho not offer to givo you 'a rcfe-renco to J)ui)rdin and Christehurch ?— Ho said that ho had a lady clerk in Dunedill named Hiss : Hercus, and that I could ' write to iler father. Did you buy' tlio' partnership?—)-No; it was too good. / THE DEFENCE. Mr. Levvey asked for a non-suit as it was not sufficient for plaintiff's counscl _■ to call her, evidence only. He wished to bring that lip later. His clicnt would deny positively" tho : statements niado. Mr, Whito started in Dunedin and Christcluirch, and ho sold out. He would produco a letter from tho - Christcluirch buyer wlm was vory satisfied with bis 'purchases. Mr.! Wliit'o .was'. <,unt an adventurer as suggested. Ho made, a mistake in talcjng a woman partnor, and whichever way the present, caso went, his business was ruined.'! For tho first few' months, any business was An up-hill'fight, and it was so in this case,' but the young lady was too impatient, and after slic left ha. was earning all his expenditure; -Mr. Whito pointed out to Miss Wright that he had no business, .and that he required some capital. Sho took a couple of days.,to think, it over. . If his business came to £200-a week, ho would got £20, and it was. absurd to think that ho would give hor a third of this for typewriting only. Tho girl was vory clear-headed, and it could not bo'believed..that sho would act as she stated. Her story, he remarked, was beyond the bounds of possibility. , Vanda, Wliitp, defendant, stated that ho had been eighteeiv/mpnths in Now Zealand. '■He started .-in jDunedin and, afterwards at Ch'ristcluircli' and sWellington. The Diincdin business .was similar to this. It was arbitration work, collecting-accounts and general commission. - His partner bought him out for-£35. The Dunedin business was called tlio Head Office,, as Dunedin was the oldest city. It was tho intention tp eventually inako ,Wellington.,tbtt Head Office,- and hav'o smaller branches, and ultimately to float tho thing into a company. Witness was in Chfistchui'ch for thrco or four mouths. His business there was called the "Universal Arbitration Agency." Ho was bought out for .£50;; £25;- ■\vas recoived in cash, and tho.. remainder , : .was, on p;n., duo' in September next.'. He started (.similarly at 32 Willis Street, and put up the name of tho agency. Thero was no particular reason for .changing tho name, but somo people thought ho was connected vHth statutory, arbitration, and so he called it tho "Commercial Agency." A month had passed boforo ho . .met Miss. Wright..A partner was found necessary as tho 'money was not coming in, and accordingly lid advertised in, the ing Post" and The Dominion.''. In tlio former case, the amount, £30, was printed as £50. Among the answers received was ono from Miss Wright. She called and inquired what tho business was, and witness handed her .a circular. She read it through, and a,skod him what arbitration meant. He explained that it referred to tho adjustment of disputes that did not require a lawyer, more especially /-between debtors and creditors. Mention was mado of debt-collecting. Witness asked her if sho understood,, it at all. . replied yes, that sho was woll up in business, and- inoniioiiGd a ladies* tailoress's business that she was connected with. Sho said that it did not pay, as tho ladies of Wellington wore .too .difficult to please, and too particular as to tho money. This was contrary-, to London, where good money was paid She mentioned a locality Jin London which was frequented by Jews and■-'second-hand dealers, etc. Ho remarked that'if she camo trom there know something. She said that tho Now Zealanders could not show her points. Witness remarked that she was just the person ho wanted. He asked her if sho was good at reading tho faces of pooplo who did not want to pay. Sho said, " Yes." • no remarked that thoro was no furniture! and Jio replied; that that was because ho was just; sorting,.,and tho business required prga- : nisatiqii.Hii 'explained that he would enrol peoplo' .at -a- guinea a year, and ho collected t-neir debts, for which ho would receivo, 10 per cent. Miss Wright asked if he; had transacted any business so far, but ho said that there had been nono ' worth mentioning. ..He explained.to her bow commission' was • mado oil ''tho arbitration disputes. As to the money., sho said that she had plenty of money, , but it did not,do to let'people know that ono-had" it. Sho said that she thought thero ought to be money in the business, but sho did not understand companies. - Witness told her that canvassers would be' omploved. Sho asked if ho had manv debts tjo. collect, .and ho-,ropliefl that, judging by what ho-saw;-thoro" would be' plenty of business, as popplo told him that, ho" was just tho man tliey wanted, if he could 'colleefc'tlio money.' Witness remarked that her handwriting was bad. brrfesho said, "That is my French hand.; 1,-learnt that on tlio Continent."; Sho did-not know' French, ho found. Sho said that sho was three parts French and ono part English. Witness did not tell hor that tho. receipts amounted to £50 per day. :It'xvas made quite .clear that tho arrangement wag/.i .partnership one. Tt was nureed +W. she should return tho following day, and ho -would liave the contracts prepared. She mentioned getting a solicitor, and witness said that she could .-please herself, but it would cost a conplo of.;guineas. L He did not advise solicitor. Miss Wright returnodrtlie He had a contract -prepared, anrl.- sho objected to tho responsi'ljility'of Sho .read tlio contract" thrtiu'gh a'lolftl. He gave lier a copy to keep. . At this stage, the.case was adjourned until Wednesday at 10.30.