SUPREME COURT.

Manawatu Standard, Volume LIV, Issue 286, 31 October 1934, Page 7

SUPREME COURT.

CLAIM FOR £I2OO. In the Supreme Court at Palmerston North yesterday, before His Honour Mr Justice Blair, Charles Joseph Bennett, of Otahuao, Masterton, Joseph Donald, of Masterton, John Paratene McMaster, of Martinborough, and Frederick Burne Vallance, of Kaliumingi, executors of the will of Charles Frederick Vallance, of Alasterton, a sheep farmer, took action action against Hedgwick Wilhelmina. McDonald, wife of Allan McDonald, of Awapuni, Palmerston North, a jockey, claiming £I2OO. Air S. A. Wiren (Wellington) appeared for plaintiffs and Air A. AI. Ongley for defendant. Probate had been granted of the will to plaintiffs at Alastcrton on July 6, 1933, said the statement of claim. On or about September 27, 1928, the late Charles Frederick Vallance had advanced on loan to defendant £I2OO, | to be repayable on demand. The money had been used to make additions to racing stables purchased by defendant at Awapuni. Since the death of Mr Vallance on June 17, 1933, plaintiffs had, at divers times, made demands for the money, while defendant had not paid any pa.rt thereof and had denied liability for its repayment. Therefore j plaintiffs claimed £I2OO, the costs of the action and such other relief as might seem just. The statement of defence set out that for some years prior to 1928 the late Air Vallance and defendant had associated in the purchase, training and racing of a number of racehorses. Deceased had received all moneys in connection with such racehorses, but no proper account had been kept. In or about September, 1928, deceased paid £I2OO in connection with a training stable at Awapuni, which had been purchased by defendant. Defendant said that the £I2OO was paid either out of moneys belonging to defendant or was intended by deceased to be in settlement of accounts, or was the gift of defendant, and.deceased had handed defendant the receipt received by him for the payment of the £I2OO. It was i further stated. that if . it was proved that Air Vallance lent to defendant 1 £I2OO or any part thereof (which was denied), such debt was repaid out r>f racing transactions or, alternatively, was forgiven by deceased. . Counsel for plaintiffs said that in 1928 defendant had shifted her training ; establishment from Hawke’s Bay to Awapuni and the account for buildings erected, amounting to £I2OO, was' paid for By Air Vallance. The first defence was that the money was due to defendant, as the late Air Vallance had received all moneys from, the racing of the horses. It might be asked how Air Vallance had come to hold the stakes won by defendant’s horses in 1923, 1924 and 1925. The second defence was that the payment of £I2OO had been in settlement of accounts. From 1926 to 1931 the sum of £IO,OOO had been paid, mostly as training fees,, to. defendant by the late Air Vallance. The latter had disposed of. all .liis . horses in 1931. The third defence was that the money was a gift. There had been no suggestion of a gift in correspondence about the money, said counsel. The next defence was that the money had been repaid. The fifth defence was that the debt was forgiven. In such cases, said counsel, the onus of the proof was placed on the defence, and counsel

contended that the defences were in consistent.

EVIDENCE HEARD. Norman Howard James, accountant, of Alasterton, gave evidence that lie kept the private hooks of the late Air Vallance from 1916 up to his passing in 1933. There had been a ledger account in the name of defendant, this being produced. A separate entry had been made for the £I2OO. No training fees appeared in another—a racing account. In September, 1928. there was a balance of £IOOO owing to Air Vallance by defendant. It was provided for in the will to be forgiven on his death. There was a mortgage on Hastings land securing the amount. On September 27, 1928, there was a ledger account in the name of Allan Ale Donald, husband of defendant. The £I2OO had been made out in favour .of Trevor Bros., builders, of Palmerston North. Witness knew of no money owing to Trevor Bros, by Air Vallance and this £I2OO was looked upon as a loan to the AlcDonalds. A yearly balancesheet was made out as 'at March 31, and the loans were shown as assets. AVlien Air Vallance made his will he had a balance-sheet before him and that referred to the £I2OO. Witness produced a list taken from Air Vallanee’s books of payments made for training expenses from July 15, 1926, to September 2, 1931. The payments were made to defendant and totalled £IO,OOO 18s 9d. As far as he knew no security was' made for The £I2OO, said witness, when cross-examined. Security had been taken for part of the amount, but not the whole amount. The £I2OO had never been debited against defendant. Neville George Friend AVhiteman, solicitor, of Alasterton, said he had acted for the late Air C. F. Vallance. , At the time of Air Abdlanee’s death the £I2OO was shown as part of the estate. A short time after Air Vallance’s passing, on July 17, Air AlcDonald visited Alasterton, when he denied any liability for money owing. A conference took place on August 24. At that meeting Air Ale Donald attended, but not Airs Ale Donald. Witness had redrawn Air Vallance’s will from his latest balance-sheet and in that sheet would be shown the £I2OO. Eila Elkington gave evidence of a convei-sation she had had with defendant in Alarch, 1932. After talking about various matters defendant said her big worry was the money she owed witness’s father—Air Vallance.

This concluded the case for the plaintiffs. the adjournment being taken until this morning.