FUNDS OF SOLICITOR.

New Zealand Herald, Volume LXVIII, Issue 20924, 14 July 1931, Page 12

FUNDS OF SOLICITOR.

EXPLANATION OF LOSSEARTHQUAKE DESTRUCTION. REPLY TO ALLEGATIONS. [BY TELEGRAPH.—PRESS ASSOCIATION.] WELLINGTON. Monday. Allegations made by the Law Society that Walter Hislop, barrister and solicitor, of Napier, failed to account to a client for a certain sum of money, and that he had failed to keep trust moneys in a proper trust account, came beforo the Court of Appeal this morning. The Court consisted of the Chief' Justice,' Sir Michael Myers, and Mr. Justice Ilerdman, Mr. Justice MacGregor and Mr. Justice Kennedy, Mr. E. P. Hay, counsel for Hislop, said that prima facie it might appear an offence had been committed, but the actual circumstances disclosed a complete absence of dishonesty on Hislop's part. He ro ceived a sum of money on behalf of a woman client on the discharge of a mortgage under which she was the mortgagoe, and he banked that money in his trust account between December 17, 1950, and February 3, 1931.

He did not bank again, and during that time drew against the said sum cheques in favour of other clients, holding in his office unbanked money sufficient to cover tho cheques paid out. When the earthquake came the sum of £SOO was in tho office, and that was destroyed. Accordingly, he was unable to pay to his client in full the amount he received on her behalf.

The Court intimated that the facts before it were not sufficient to enable it to deal with the explanation of the practioner, and gave Mr. Hay the option of taking an adjournment to Friday, to enable him to adduce further facts. This was accepted, and the Court adjourned.