FARMING VENTURES

Evening Post, Volume CVII, Issue 146, 21 June 1924, Page 10

FARMING VENTURES

"NO WONDER SOLDIERS FAIL"

SEVERE COMMENT BY MR, JUSTICE STRINGER.

(BI IBLEQRAPB.—PRESS ASSOCIATION.)

AUCKLAND, 19th June.

"It ia no wonder that returned soldiers fail in their, farming ventures if their circumstances are similar to those just revealed," said Mr. Justice Stringer, in the Supreme Court today, when delivering judgment in a case in which Joseph Walker Moore, of Pukekohe, claimed £585 from ihomas Maxwell, of Maranarua, farmer, in respect to a promissory note and the interest, or alternatively i; 511 14s 9d, the sum allegedly awarded to plaintiff by a land agent who acted as arbiter. Ike evidence was to the effect that plaintiff gave an option to defendant and plaintiff's brother, both returned sohders, over his farm at £3960. Application was made to the Land Board tor an advance, but the board would not allow more than £3000, and would uot_ allow a second mortgage of £960. Plaintiff alleged that detondant then suggested that, it, was customary for returned soldiers purchasing farms to get the vendors to accept promissory notss to cover the excess over the advances. This was nccepted in two notes of £480 each. The promissory .note was disclaimed by, defendant owing to a difference! regarding an area of swamp land. In _ summing up, his Honour said that by its refusal to entertain the proposal for a second mortgage the board showed that it could not; sanction an advance unless the balance of £960 was taken off the price. * Plaintiff and defendant _ than concocted a letter to the board, m which they professed to be £?£* to acee Pt the valuation of ±.3000. That was a false and altogether improper statement, as they had made a surreptitious arrangement whereby the balance of £960 was secured to plaintiff by promissory notes. The conclusion was that the parties conspired together to make a fraudulent representation to the government in order to obtain a loan. t- xu tr, ansac,tion was illegal, and plaintitt had no legal claim, although defend- ?• Wa?n,? qu?, Uy a Party to the deception. The Government makes the fullest advance possible, and it is its endeavour to see that no undue burdens are imposed by private agreements," added "is Honour.

Judgment was given for defendant without costs.