PRINTER WHO PROPPED FALLING TIMBER FIRM

Manawatu Times, Volume LIV, Issue 6867, 23 March 1929, Page 7

PRINTER WHO PROPPED FALLING TIMBER FIRM

WENT GUARANTEE TOR £37,000. BANK MANAGER PARTY TO CASE OF APPEAL. Per Press Association. WELLINGTON, Last Night. The Appeal Court to-day dismissed a motion to set aside an appeal in the case of H. 0. James, printer, of Greymouth, against E. E. B. Mabin, bank manager, now of Nelson, on tho ground of want of duo security and then proceeded to hear tho case. The facts stated to the Court were that last year, James issued a writ against Mabin, alleging that he and others had been fraudulently induced by respondent to guarantee a firm. of timber merchants for £37,000, which Mabin knew to bo in an unsound position. Tho firm failed and James had to pay £2500 to bo released. Mabin filed a motion to set aside the claim, on the ground that it did not disclose any legal course of action. In this he succeeded in tho Court below and tho appeal is against that decision. On tho Bench were Mr. Justice Herdman, acting Chief Justice, with Justices MacGregor and Ostler. For the appellant appeared Messrs Murdoch and Docgun and for tho respondent, Mr. M. Myers K.C. and Mr. Ward. For the appellant, it was contended that the Statute of Frauds did not apply to an action for damages for negligenco or breach of duty and that it was the banker's duty to exercise care and reasonable skill in advising his client. Argument was adjourned till Monday.