LAW PRACTITIONERS

Inangahua Times, 22 April 1932, Page 3

LAW PRACTITIONERS

FIDELITY FUND. AN INTERESTING CASE. (Per United Press Assn.) NEW PLYMOUTH, Last Night. The first 'claim brought in the Supreme Court under the Law Practitioners’ Amendment Act, 1920, subject to the reserved judgment of Mr Justice Blair, was released in New Plymouth today. Judgment was given in favour of Nelson Ben Bishop for £52 10s; hut against him on a claim for £IOOO from the Solicitors’ Fidelity Guarantee Fund. The case arose out of conviction of Thomas and Barlow for theft of trust moneys held by their legal firm at Inglewood. The £IOOO claimed was represented in certain deeds. Tho money was misappropriated before the Act was in force, but it was claimed that the documents) concerned were not completed until a month later. Mr Justce Blair held that Thomson couldn’t have been convicted of theft of these documents, though it was clear that he could have been convicted of false pretences in relation to them.

The second branch of the claftn related to £62 10s paid by Thomson to Bishop as interest, but which the Law Society claimed as a set off against the admitted liability of £3OO. Justice Blair, however, finds that £3OO was stolen by Thomson and that £52 10s was paid to Biphflb as interest on the £IOOO. The Judge points out that the indemnity provided by the fund is limited to thefts after January Ist, 1930, and explains the marked bio. tween theft and false pretences. . Each side was asked to pay its own aosts.