COURT OF APPEAL.

Manawatu Standard, Volume LII, Issue 175, 25 June 1932, Page 3

COURT OF APPEAL.

Per Press Association. WELLINGTON, June 24. Proceedings brought by. the N.Z. Law Society against William Noble, ot Auckland, solicitor, came before the Court of Appeal. The charge brought by the society was that a sum of £IOO had been paid to Noble to be deposited as bail for a client r.nd had subsequently been taken by him for costs without the consent of the person depositing the money. It was contended by counsel for tiie practitioner that throughout the whole affair Noble acted honestly, although no doubt in error as to His legal right. He had been informed that the money had been subscribed by friends of the accused person for his (Noble’s) fee and was of the opinion that the person depositing the money had deceived him as to the purpose of the subscription. The money, in pursuance of a judgment of the Magistrate’s Court, nad recently been paid to the person entitled to it. It was not alleged by the Law Society that Noble’s conduct was anything but frank and honest. Sir Michael Myers, the Chief Justice, in delivering judgment, said that Noble had given a receipt for £IOO paid to him, which was practically a declaration of trust, and ho should have repaid the sum deposited in accordance with the undertaking given by him. It seemed, however, that Noble had been very badly treated and though lie had secured the acquittal of his client, the sum of money subscribed to cover liis fee had been paid to others. In view of the fact that Noble had acted perfectly openly and honestly, the Court was of the opinion that the case did not call for more than an order for the payment of costs, £lO 10s, and disbursements. An older was made accordingly.