ATTEMPT TO CONCEAL A FRAUD

Dominion, Volume 29, Issue 255, 24 July 1936, Page 6

ATTEMPT TO CONCEAL A FRAUD

Assignment Deed Set Aside

By Telegraph—Press Association Auckland, July 23.

A deed of assignment between two brothers, Alfred William Maxwell and Roy Maxwell, was set aside as fraudulent and void under the Statute of Frauds in the Supreme Court to-day by Mr. Justice Callan. The decision was given in a reserved judgment in an action brought by Alice Maxwell, wife of Roy Maxwell, to set aside the deed as fraudulent. Roy purported to assign to his brother his one-third share amounting to £6OO in the estates of his father and mother, the father having died in 1925. His wife alleged that the purpose of the assignment was to avoid payment to her of maintenance under an order of the court.

“My impression after watching and listening to them (the two brothers) is that each of them possesses a considerable amount of cunning,” said his Honour. “Leisurely consideration satisfies me that the deed is not bona fide but that the arrangement between the brothers was a mere cloak retaining the benefit to Roy of his «hare in the estates freed from liability for his wife’s payments. I am satisfied that the deed is an attempt to conceal a fraud.” The judge added that he did not believe anyone else was a party to the fraud.