ALLEGED MISREPRESENTATION.

New Zealand Times, Volume LXXII, Issue 4825, 1 December 1902, Page 6

ALLEGED MISREPRESENTATION.

CLAIM FOR £14,000. On Saturday, the Chief Justice, sitting without a jury, resumed tho hearing of tho partly hoard action in which William Henry Reid, farmer, Matiaia, and his wife, Margaret Mary Reid, sued tlio Bank of New South Wales; Herbert Graves, land agent, Kit bam,-James Randall Corrigan, farmer, HawcTa; and Samuel Sinclair Corrigan, farmer, same place, to obtain rescission of the contract entered into by plaint ills for the purchase of James Iv. Corrigan’s farm at Meremere, the repayment of tho Purchase money, £13,612 Gs, with interest, also sums of £l2ll, expended on stump duty, am! £193 on improvements, anil to bo recouped for losses sustained, or in an alternative cause cf action .lodgment for the sum of £OB3O on tho ground that the‘market value of the land did not exceed -CitOU, Ihe action is based on the grounds that plaintiffs wore induced -o purchase by means of false reptvsentations on the part of Graves, who was bank manager for tho defendant hank at Ilaweru at tho time, and-who had also acted, it was alleged, as tho agent of the Corrigans in the transactions concerned. Messrs Chapman and Skcrrott appeared for plaintiffs: Mr Jellicoo for Graves and J. R. Corrigan; Messrs Hislop and Morison for the Bank of New South AValos, and Mr Tanner for S. S. Corrigan. Herbert Graves continued his evidence for the defence. Ho stated that tho plaintiff. James Reid, had offered him a handsome commission if he would assist in making a case against the bank. Ho asked Reid would ho expect him to turn dog on the bank that had emplciyed him for sixteen years. He told tho plaintiff that everything had been done for the best, bat that things had not succeeded. He denied having represented Mclntosh as possessed of £3OOO, with £SOOO to come to him in seven years; he merely told Reid that Jlunos Corrigan had been ‘ informed by tho manager of the Now Zealand Loan and Mercantile Agency Company that McIntosh’s credit was undoubtedly good. In cross-examination by Mr Skcrrott, witness stated the inspector of the bank wrote strongly objecting to Corrigan’s account being allowed to tho limit, and insisting on having it reduced ; but that was a usual proceeding, and bo 'would advance money notwithstanding such ,a communication. Prior to Mclntosh’s first offer ho did not know what price, if any, Corrigan bad suggested to Mclntosh ; they wore constantly seeing each other. Ho denied the al•leged misrepresentation. At the conclusion of the witness’s evidence the Court adjourned until 10.30 o’clock this morning.