DISPUTE ABOUT MONEYS.

New Zealand Herald, Volume LXI, Issue 18799, 28 August 1924, Page 11

DISPUTE ABOUT MONEYS.

STAY OF JUDGMENT GRANTED SUPREME COURT DECISION. A motion to set aside a judgment in regard to the recovery of moneys was heard by Mr. Justice Reed in the Supreme Court yesterday. The plaintiff in action was Joseph Whitfield,, formerly of Auckland, but now oi: Sydney, defendants being Selina Emanuel and Luis Marks, both of Auckland,, execntors and trustee** of Aaron Eraanuel| late of Auckland, financial agent, deceased. Mr, Lnxford, instructed by Mr. Goldstine, appeared for defendants in support erf the motion, and Mr. Richmond, instructed by Mr. K&lmair, for plaintiff. The claim set forth that plaintiff and th» latß Aaron Emanuel were joint owners of a. property at the corner of Fah Road and Torrance Street, Epsom, and that Emanuel sold the property for £537 2s 6d. Half of that amount (£268 lis 3d) should have been handed io plaintiff as his share, but Emanuel failed to make any entry or record in his accounts, nor was tho amount paid to, plaintiff. ' In a second cause of action it was stated that from November 8, 1920, to May 30, 1922, Emanuel, acting under power of attorney, collected £692 4s Bd, money allegedly due and payable to plaintiff and during that period dishurssdfor plaintiff the sum of £150 4s 4d, and that, at the end of May 30, 1921, Emanuel, held on behalf of plaintiff a balance of £542 0s 4d. There was a further d«m for £30 14s, moneys alleged to have been handed by another man to Emaiiuel for plaintiff. Judgment was claimed for, in all, £841 :5s 6d, with interest to date, and as no defence was entered, judgment was given for the full amount claimed. In | yesterday's proceedings, Mr, Luxford asked that judgment be set asida on the ground that it was purely as th<* result of a misunderstanding that a defence had not been ectered. ;-■ After legal argument, Hia Honor, by consent of the parties ordered that execution of the judgment bo stayed -for two months. 'If, within that tints proceedings were' commenced to haire accounts taken either by way of counterclaim or by an indspendent action, and were prosecuted diligently by defendants, there would be a further stay until final judgment was given on the counterclaim or independent action.