NO WONDER

Hawera Star, Volume XLVIII, 20 June 1924, Page 5

NO WONDER

FAILURE OF SOLDIERS. A DEAL IX LAND. (by TELEGRAPH —PRESS ASSOCIATION A AUCKLAND, June 19. “It is no wonder returned soldiers fail in their farming ventures if the circumstances are similar to those just revealed,” said Mr Justice Stringer in the Supreme Court to-day in delivering judgment in a case in which Joseph Walker Moore, of Pukekohe, claimed £585 from Thomas Maxwell, of Alaranarua, a farmer, in respect to a promissory note and interest, or alternatively £541 14s 9d, the sum allegedly awarded to plaintiff by a land agent who acted as arbiter. The evidence was to the effect that plaintiff gave an option to defendant and plantifUs brother, both returned soldiers, over a farm at £3960. An application was made to the Land Board for an advance, but the board would not allow more than £3OOO, and would not _ allow a second mortgage of £960. Plaintiff alleged that defendant then suggested that it was customary for returned soldiers purchasing farms to get vendors to accept promissory notes to coyer the excess over the advance, and this was accepted in two notes of'£4Bo each. The promissory note was disclaimed by the defendant owing to a difference regarding the area of swamp land. Summing np, his Honor said that by its refusal to entertain the proposal for a second mortgage the board showed it could not sanction an advance unless the balance of £960 was taken off the price. Paintiff and defendant then concocted a letter to. the board in which they professed to be prepared to accept the valuation of £3OOO. That was a false and altogether improper statement, as they had made surreptitious arrangements whereby the balance of £960 was secured to plaintiff by promissory notes. N “The conclusion is,”: added his Honour, “that the parties conspired together to make fraudulent representation to the Government in order to obtain the loan. The transaction was illegal, and plaintiff has no legal claim, although defendant was equally 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.” Judgment was" given for defendant without costs.