A SOLICITOR SUED.

New Zealand Herald, Volume XLIII, Issue 13086, 27 January 1906, Page 6

A SOLICITOR SUED.

PARTICULARS OF CLAIM

A CASE was called at the Magistrate's Court, before Mr. C. C. Kettle, S.M., yesterday, in which John Raphael Lundon, a local solicitor, 'was sued for £75 by Ellen Cane, an hotel assistant.

The statement of the claim is as follows: — The plaintiff is an hotel assistant, residing in Auckland, and the defendant is a solicitor, practising at Auckland. The defendant was recently acting as solicitor for one William Reid, a prisoner committed for trial; at the Supreme Court of New Zealand, at Auckland. The defendant became surety for the due appearance of the said William Reid at the said trial. In order to protect the defendant from lots in the event of tile said William R«id not so appearing, the defendant on the first day of September. 1305, received from the plaintiff a depositor's book for moneys deposited at the Auckland Saving* Bank* to her account, together with an order in favour of defendant, empowering hirn to receive the sum of £75. It was arranged at the time that the said bankbook and order were delivered to the defendant that the said stun of £75 should be withdrawn from the «aid bank only in the event of the defendant becoming liable as such surety. On or about November 22, 1905. the defendant caused himself to be released from his position as surety. The plaintiff by herself and her agents applied to the defendant to deliver to her the said bank book. The defendant has returned the said! bank book to the plaintiff, from which it appears that on the said first day of September, ISOS, the defendant withdrew from the said account tho sum r»f £75, and has since caused her to be deprived of the interest which would have accrued thereat). The defendant has failed to return to the plaintiff the said sum of £75, or any part thereof, and still wrongfully retains the said sum of £75 in his possession. The plaintiff is not indebted to the defendant in any sum whatsoever. The plaintiff claims to recover from the defendant the .said sum of £75, and the sum of £1 for interest on the said turn and further interest on the said sum of £75 to the date of judgment, at £4 per cent, per annum."

Mi. Mahony asked for an adjournment on the ground that a material witness was absent.

Mr. Lundon said that ho preferred that the adjournment, .should be for two weeks. The magistrate agreed to adjourn the case until Friday next. Mr. Lundon asked who the witness was, for he understood that no witnesses were subpeened. Mr. Mahony said he had no objection to tell the Court the name of the witness. It was a man named Winter, a fisherman,. who was at sea.

Mr. Lundon asked Mr. Mahony to state the exact amount claimed.

Mr. Mahony explained that £75 had been sent by the defendant to his client. The amount now claimed was £75 and interest thereon until date of judgment.