CHRISTCHURCH NEWS

Greymouth Evening Star, 25 August 1928, Page 12

CHRISTCHURCH NEWS

JAMES—MABIN JUDGMENT.

(Special to “Star.”)

CHRISTCHURCH, August 24

In the reserved judgment given today, Justice Adams held that Harry Digby James, printer, Greymouth, had disclosed no cause of action in his statement of claim for £2500 from Edward Ernest Bayly Mabin, bank manager, Nelson.

In his judgment, His Honor said: “The representations relied upon, and alleged to have been fraudulent, were made orally, therefore by force of statute, no action can be brought whereby to charge the defendant thereon. The alternative claim is for the same sum on the ground that defendant negligently, carelessly and recklessly, advised plaintiff to sign two guarantees in respect of which, a demand was* made by the Bank, upon which £2500 was paid. Plaintiff here does not allege any circumstances which could give rise to any such special relationship between himself and defendant. It does not appear that he was a customer of the bank, or the. advice was given in answer to any inquiry. On the contrary, he says and his counsel insisted, that defendant came to him, and advised him in the course of persuading him to sign the guarantee, the advice apparently being contained in the alleged misrepresentations, and in some statements that plaintiff was not incurring any financial risk in signing the guarantee. He did not incur any risk. These at most, were variants with other alleged representations as to the Company’s financial ability.” CYCLIST AND MAGISTRATE. , A passage at arms' occurred during the hearing of a traffic by-law case in the Magistrate’s Court this morning. Reginald Gilbertthorpe pleaded not guilty to speeding while driving a motor cycle. Hotly denying the police evidence that he was travelling at fifty miles an hour, defendant maintained his machine could not attain a speed of more than thirty-five miles per hour. “I was only travelling at thirty miles per hour, and in my opinion that is a safe speed under the circumstances,” said the defendant. “1 think it too fast,” commented the Magistrate, Mr E. D. Mosley. S.M. “That is a difference of opiniqn.” said, the defendant. “Yes, but it is my opinion that counts,” said Mr Mosley. “Yes, that is so. Sir,” said the defendant, with a resigned air. Gilbertthorpe was convicted and fined 20s, with costs.