ALLEGED MISREPRESENTATION.

New Zealand Times, Volume LXXII, Issue 4824, 29 November 1902, Page 3

ALLEGED MISREPRESENTATION.

CLAIM FOR C1I,(W). Ycsti.'nliiy tlio ( ’hii.-f J "slier., ■u iLl.oiit, ji jury, ruvimril Dm imimn;' or Dm partly Jn ru'l am mu i" 'vhmb VI illiiuu lloury I"finer, Alanuia., ami l,i.s Aliuxun-l A! ary Uui<l, sued Urn |Jank or .N<J-.v Smith Wales; IL-rlmi-t Gi-ui'S, land aipnit, Eltliaia ;Jatims Rantlu.ll turri.i.aii, faruior, J-lawora; and Saniii"! .Sinclair Cornwall, larumr, sattm liliu,’", to obtain roscissiou of tlio contract roilorod into by plaintiif.s for tbo pnniiiaso of James ill. Corrigan's farm ;t r! .'dormnero, llio repayment of tlio p iroliaso money, £13,013 Os, with intorosr. ibu sums of £1.20, expended on stamp fluty, and £lO3 on improvements, aim to bo recouped for losses sustained, or in an alternative eansii of action jm'timent for the sum of £O3OO on Um ground that the market value of the land did not exceed £flOU. Tim action is based on the grounds that plamtins were induced to pcivhaso by Means of false representations on tlio part ot Craven vho was hank mummer tor the defendant hank at I lav. era at (he time, and who had also aclvd, it was alleged, as (lie immit of (he Corrigans in tlio

Messrs Chapman and Skorrott appeared for plaint ill's; Air Jellieoo for Craves ami .1, li. Corrit/an ; Alessrs Hislop and Munson for (lie Hank of Meiv South AS’ales, an;l Air Tanner for S. S. Corrigan. At the sit tin" of the Court, counsel for dm defendants moved to nonsuit plain l ills, on (lie ground that no fraudulent representation had been proved, and that, as far as rim hank was concerned, any action on the part of the. defendant (.'raves was outside his duties as imuillis Honor had doubt as to whether Craves could bind the bank in acting as land agent. In view of the fact that the hank was a mortgagee ami other circumstances, he did not Drink lie could decide at that stage that the bank wars not bound, and it would not bo wise to dismiss the suit against it. Tim oDmr fit fondants had a case to moot. Mr Morison opened tlio defence oar behalf of Dio Hank of Mow South ■Wales, contending that Dm land was good value for the money, that Dm bank was well-secured in- respect to James I!. Corrigan's indebtedness, and was nob solicitous for the salo of bts farm; further that anything Graves did a.s land agent was outside his duties as local manager of the hank at Hawera. His Honor, referring to tlio allegation of misrepresentation, asked if a man of great experience spent four days on a piece of land, and valued it at £4 10s an aero, what representation could bo stronger to an intending purchaser? If such a representation was made, and wo.s not true, a gross fraud bad been perpetrated on Held. C. li. Major, M.H.R., Hawera, deposed to having recently valued tbo land at £l-1,003; noa-stocking bad caused considerable deterioration. Joseph F. I’ease, farmer, valued the place at £3 ]-Is fid an acre. Alfred AVm. Webster, present manager of tbo bank at Hawera, deposed that in his conversations with plaintiff. Die latter did not complain of misrepresentation regarding Mclntosh. Edward John Finch, inspector of tbo bank for the colony, testilied that the question of exercising Dm power of salo with regard to Jambs Corrigan’s mortgage was never under consideration. Ho regarded Corrigan’s account as safe, but objected to its exceeding tlio limit. Tim practice., was that bank managers were not alloived to act. as agents for people outside. If a local manager was asked by an intending vendor to introduce him to a purchaser, witness did not see any objection to tbo manager's doing so and to bis giving reasonable information about the property, but in any other circumstances bo would object to a manager’s interference. He would object to managers assisting customers in. selling, or in getting money on mortgage. Ho dared say or instances could bo found of its being done, but ho could nob remember one.

Mr Hislop intimated that lie had a couple of witnesses, nob then available, to call before closing for tho bank. Mr Jellicoo, in opening tho defence on behalf of Messrs Graves and J. it. Corrigan, said tho plaintiff, William H. Reid, wont in for speculation, which turned out to bo unsuccessful. Herbert P. H. Graves, who described himself as partly a land agent at JSI-. thfun and a brickmaker at Patca, gave evidence that he spent sixteen years in tho employment of tho Bank of 'Now South Wales, filling tho office of local manager at Hawora prior to his resignation. His valuation of James Corrigan's assets in 1900 showed a surplus of about £9OOO, and ho did not consider tho account as of a hazardous nature. A count ry. manager was called upon to do a great many things in tho course of his business which would not occur in a large town. Tho Corrigans wero in tho habit of consulting him about their affairs. Ho described his conversations with Reid regarding tho proposed sale of Janies Corrigan’s farm, and mentioned that ho gave Reid tho valuation ho had made for tho bank, £3 10s an acre all round. Corrigan, at witness’s request, on behalf of Reid, made an offer to sell at £3 los an acre all round. Ho detailed tho. negotiations with reference to Mclntosh’s offers for tho leasing of the land, and tho deal finally made between plaintiff and Corrigan with regard to tho farm. Witness stated ho did not keep copies of letters written for customers outside of bank business. Plaintiff seemed perturbed when Mclntosh notified that ho had closed for another pla-je, asking what would lie do with the grass.

Tho witness's evidence had net concluded when the Co-irb ndjonrncd until 10 o’clock this morning.