A DISPUTED GIFT.

New Zealand Herald, Volume LXIII, Issue 19287, 27 March 1926, Page 12

A DISPUTED GIFT.

CLAIM BY PUBLIC TRUSTEE. UPHELD BY MAGISTRATE, [BY TELEGRAPH. —OWN .CORRESPONDENT.] ■ WELLINGTON. Friday. Reserved judgment was delivered by Mr. E. Page, S.M., to-day in a case in which the Public Trustee claimed £2OO from Charles Henry Goodman. Goodman alleged that he was given the money as a present by a man named Thompson, who is now in a mental hospital. The Public Trustee challenged the validity of the gift. In his judgment Mr. Page said: "The evidence leaves no doubt in my mind that at the time of the handing-over of this money Thompson was insane; that he was of giving a real consent to any professed gift of the money to Goodman: that he did not realise the meaning of the action he was taking: and that Goodman was aware of these facts. In my opinion, Goodman was not acting bona-fide in taking the money, and he obtained no right or title to it. It remained the property of Thompson. Judgment will be entered for plaintiff for the amount claimed, With costs to scale." In addition the police made application for the determination of the ownership of a watch, a Savings Bank book and a. sum "of money, which came into the possession of Detective McLennan. The magistrate held that there was no jurisdiction in the Court to make any order with reference to such money. He directed, however, that the bankbook and the watch should bo handed to the Public Trustee upon his allowing Goodman 7s 6d, which had' been paid by him for repairs to the watch.