“NO RIGHT OR TITLE”

Dominion, Volume 19, Issue 155, 27 March 1926, Page 23

“NO RIGHT OR TITLE”

TO INSANE MAN'S GIFT MONEY GOES TO PUBLIC TRUSTEE A peculiar legal question was determined by Mr. E. Page, S.M., in the Magistrate’s Court yesterday, when he delivered his reserved judgment ill respect to a claim for £2OO made by the Public Trustee against Charles Henry Goodman, who, it is alleged, accepted that amount from a man named J hompson while the latter was of unsound mind. The case was a sequel to a recent Supreme Court trial in. which Goodman was acquitted by the jury on a charge of theft. Besides the claim lor £2OO, the police asked Mr. Page to give them power to hand over a gold watch and chain (which Goodman stated that Thompson had given to him) into the bands of the trustee. Mr. Page said that on the day Thompson took £2OO out of the bank and gave it to Goodman there was no doubt that defendant knew the former to be insane, as defendant was about to take Thompson to Porirua Mental Hospital that afternoon. He had no right to accept the money—all that Thompson had in lhe world. “Goodman,” remarked Mr. Page, “says that Thompson gave him the money saying, ‘Take this, Charlie, my .boy,’ because he had been good to biin when Thompson was ill. There is little evidence to support defendant’s allegation, however. I don’t think it has been shown that Goodman ever did anything but the most trifling of services for Thompson, or that Thompson was under any real obligation to him. In my opinion, Goodman was not- acting bona fide in taking the money, and he obtained no right or title to it. It remained the property of Thompson. For that reason I will make an order that the sum be handed over to the Public Trustee.” Costs amounting to £2O were allowed against defendant.

On the application of Mr. Ward, who appeared on behalf of Mr. P. S. K. Macassey for the Public Trustee, His Worship’ made an order for immediate execution regarding the sum of £2O, which was being held in trust by the Court. This represented part of the £2OO given Goodman by Thompson. Mr. Page also decided that the gold watch and chain held by the police be banded over to the Public Trustee on the latter paying 7s. 6d. to Goodman, which sum defendant paid to have the watch repaired. "Goodman had no right to take these articles,” said Mr. Page, “for Thompson was of unsound mind at the time of giving.” A bank book of Thompson’s in police custody was also ordered to be surrendered into the hands of the trustee.