PLAINTIFF’S DEATH.

Grey River Argus, 9 December 1926, Page 5

PLAINTIFF’S DEATH.

SUSPENDS A CASE. OVER SHARE TRANSFER. AUCKLAND, December 8. the dramatic adjournment of a case in the Supreme Court was necessitated by the sudden death of the plaintiff. Tim case was that in which Samuel Hardy, a retired farmer, of Cambridge, proceeded against Arthur Cleave (printer and company promoter), of Auck land, ami Wairakei Ltd. He alleged that, through fraudulent misrepresentation, some shares held by Cleave, a Director of the Company, had been unloaded on to him in place of the original shares he had applied for. Ho asked for the removal, of his name from the share register, and rno refund of the moneys paid, totalling £lOO. ami also for damages of £6” 16s. Plaintiff gave evidence this morning but he died at his hotel in Hie afternoon, while the xcgal argument was proceeding. For the defence, it was argued that the five cardinal points in a case of fraud were entirely absent, and that Hardy had, moreover, exercised his rights as a shareholder, which was a sufficient answer to any question of irregularity in the transfer of the shares to him. X decision is now awaited as to whether the action is to be proceeded with bv the substitution of another plaintiff, or whether it will bo terminated.