JAMES v. MABIN

Greymouth Evening Star, 24 August 1928, Page 2

JAMES v. MABIN

VERDICT FOR DEFENDANT

‘Press Association.) CHRISTCHURCH. August 24. Judge Adams gave reserved judgment to-day in the case Henry Digby James of Greymouth; printer, versus Edward Ernest Bayley Mabin of Nelson, bank manager, claiming £2500. The Judge decided that the statement of claim did not disclose any cause of action, and he awarded costs and disbursements to defendant. .

Harry Digby James claimed £2,500 from Edward Ernest Bayley Mabin, alleging fraudulent representation by Mabin to give a guarantee on account of E. J. Rundle and Co. The statement of claim set out that when Mabin was manager of the Bank of New South Wales at Greymouth, he advised James to enter into a guarantee of the account of E. J. Rundle and Company, timber merchants.

In September last, the bank demanded from James and two other guarantors, payment of £32,000, and to secure the release of liability, James paid the bank £2,500. The company was unable to pay that sum to JameS. Plaintiff alleged that to induce him to enter into the guarantee, Mabin fraudulently and falsely represented that the company’s financial position was quite sound.