THE CLAIM AGAINST A BANK

Dominion, Volume 10, Issue 3099, 1 June 1917, Page 7

THE CLAIM AGAINST A BANK

COMPROMISK .GFF.ECT.Ei3. By -Telegraph.—Press Association. Auckland, May 31. A settlement was arrived at this mornin tho Supremo Court action in which the Hon. Arthur Myers sued tho Bank of New South Wales for tho recovery of .CIMfIO, alleged to have been wrongfully paid into tho trust account of the late William Coloman. Counsel for the plaintiff, Mr. C. P. SkcrroU, K.C., stated that al; a, previous stage, of tho action Mr. Myers's solicitor intimated what they thought were, reaso'nablo terms for a settlement of tho action in tho interests of all parties, but complicated "questions between tho Hank and tho'Official Assignee had prevented the acceptance or tho. offer. Tho position had-since been cleared, and. the Official Assignee ami the Bank had expressed their willingness to accept tho suggested terms of compromise. Mr. Myers had thought it right in tho interests of tho creditora of tho estate that an end should be mado or I his litigation. Ho had,' therefore, renewed his offer, which had been accepted, and tho case accordingly might be struct off. • 'for tho defendants Mi:. Iked remarked that he had no objection to the statement made bv Mr. Skerrett. 'throughout tho Bank had felt that tho action was one which lent itsolf to a sottlcmont, but any settlement had to he a. triangular affair. In consequence, difficulties had presented themselves, but fortunately theso had been overcome, and the Bank had found itself in a. position to facilitate a settlement or tho matter, "t dosire lo add," said Mr. 'Reed, "that the proceeds of the debentures were paid, into .Mr. Coleman's No. II account at Mr. Coleman's written .request. Tho accountant'accepted his promise to obtain Mr. Myers's signature, but the former ivil.< ill,' and tho matter was overlooked. We are satisfied that Mr. Myers was in no war aware of (hose transactions or of any irregularity in dealing with the trust ,

to iunrrunE suj'Tkkeiis. Mr. A. W. Martin, Rupture Specialist, and Solo CouU'oller of Dr. J. A. Sherman's .Method of Treatment, -will bo at llio Hotel Cecil, Wollington, from Tuesday, the sth of June, to Saturday, tlio Kiili. ' ~. . All sufforora from rupture residing in (ln> neighbourhood of Wellington tibould u.vuil themselves of this only opportunity they will have for at least another li! months of secine lind being treated by tbc specialist for their troublesome malady. No uiun or woman who atInchest any value to time can afford to neglect the- present opportunity of Hotline complete relief and ultimate permanent cure. The usual policy followed by tbe newly-ruptured is ono of drift. They try one sort, of truss aftei; another until Ih'eir trouble (which is a progressive one) is 100 advanced to suffer further lainperiiu: with. .Then, because compelled, thov seek medical aid, and in all probability the advico they receive is to undergo a, severe operation. It is Mr. Martin's deairo that all should understand thai rupture can lie immediately relieved, and. indeed, absolutely cured by the Dr. >T. A. Sherman mot hod of treatment, and that without operatiou of any kind; and a patient can conliuuo in liis usual occupation from Iho first to the last of tho treatment. It is a recommendation to all Wellington sufferers to make fullest inquiries from oxpatients of Mr. Martin. They should do this if only to receive the oncourairoment which is inevitably and invariably irivon by all who havo benefited at the specialist's hands. ) Mr. Alartin may be consulted tree from 10 a.m. daily. Send for free bookJot, Bupturo and its Treatment. Tt is posted to any sufferer.—Advt.