BREACH OF TRUST ALLEGED

Evening Star, Issue 21974, 9 March 1935, Page 22

BREACH OF TRUST ALLEGED

SOLICITOR AMONG DEFENDANTS (Per United Press Association.! CHRISTCHURCH, March 8. Allegations of false ami fraudulent statements by a Christchurch solicitor, William .Lancelot Aynsley, and two of his clients, of conspiracy to defraud, of fraudulent conversion and of a breach of trust, were made in an action brought in the Supremo Court to-day. The plaintiffs were George Tracey Fisher, of Ellesmere, farmer, and Elaine Mabel Fisher, a married woman. The defendants were William Lancelot Aynsley, solicitor; Henry Alartin Boyle of Trafalgar Hotel, Nelson ; and Elsie AJay Boyle, hjs wife. The conduct o, i!ie defendants, it was alleged, had caused tiic plaintiffs to lose £ 1.030, nil ihe return of this sum was sought. It was stated that the plaintiff's had agreed to buy a farm at Ellesmere from the Boyles on which there were arrears of interest, rates, and land tax. To allow these to he cleaved the plaintiffs, it was alleged, gave as deposit a mortgage for £1,050 on the understanding given by Aynsley, who was acting for the Boyles, that the proceeds would be used for this purpose, but Aynsley, it is stated, had paid the money raised to Mrs Boyle, who had invested it in an hotel at Nelson, and the contract between tho plaintiffs and Boyle had not been completed. The defendants, while admitting that a contract for the purchase of tho farm was made on August 14, 1934, denied that any such undertaking as was alleged by the plaintiffs was made by the defendants. They also denied that a mortgage of £1,050 was handed to them on any condition that it should be applied specifically in payment cf interest owing on the first mortgage. The .defendants denied misrepresentation or conspiracy or the conversion of mortgage moneys. They admitted that some money from the mortage was applied to the purchase of an hotel in Nelson, and contended that the arrangement made permitted this, and that the written contract placed no such restriction on the use of these moneys as alleged by the plaintiffs. The case is part heard.