LAND AGENTS LICENSE.

Otago Daily Times, Issue 20060, 29 March 1927, Page 10

LAND AGENTS LICENSE.

A RENEWAL REFUSED. COMPANY’S POSITION CHALLENGED. (Special, to Daily Times.) CHRISTCHURCH, March 28. An application came before Mr H. A. Young, d.iSl., to-day, for the renewal ot tho land agents’ license of 11. H. Cook and Co. (Ltd.), tho application being made by William John Miller (manager). It was opposed by the Land Agents Association. Mr Hutchison appeared for tho applicant and Mr Thomas appeared for the association in opposition. Both courts being occupied, the application was heard in tMv Young’s room, and the proceedings were prefaced by an argument between counsel whether tho proceedings should be open to the press. Mr Hutchison contended that tne result of the application was all that tho public required to know. Mr Thomas spoke strongly in favour of the sitting being open, and the Magistrate ruled in lus favour. It was stated that the application was being opposed on the grounds of the unsatisfactory financial position of H. H. Cook, a shareholder in the company, and also that he was not a fit and proper person to hold a license. Proceedings at times became very heated when H. H. Cook wa s giving evidence. Under crossexamination by Air Thomas, ho had to be checked frequently by the magistrate and his own counsel. It was stated that the capital of tho company was £IO,OOO, of which £7410 was represented by goodwill. Giving evidence, Cook said that his wife held 5000 of the shares, and he 4400. He had been in business for 30 years. His company was not a member of tfhe Land Agents’ Association, and neither were the stock and station agents of the city. His business was mainly in the country. All the debtors shown were good. To Air Thomas: Cook stated that ho altered the word “director” to “shareholder” in the minute book. He was entitled to attend the meetings of directors as a salesman. Mr Thomas: Why did you sign as managing director in March, 1925? “I was chairman of directors then.” Mr Thomas: Does the minute book show any record of the cancellation as director? Mr Cook: Yes. Mr Thomas : No. It shows your resignation as managing director. Have you been a director lately? Cook: I have been signing the company’s cheques, but that does no’t make me a director. Air Thomas: Numerous judges and magistrates have adversely circularised you? Cook: Yes. I have been persecuted long enough. I have been made a chopping block, and have been hammered and smacked, and called a thief every time there is muck thrown at me. _ Air Thomas: You aro going to enter into a dead of assignment personally? Cook: Yes. I have been persecuted so much. Counsel produced a copy of a list of writs issued in the Supreme Court against applicant. He said that he was producing the list and putting it into the court merely to show that the company, and Cook personally, had to he sued consistently and persistently. Air Thomas went on to press Cook as to what work Aliller had done in the four months prior to the past two weeks, claiming that Aliller had not done five minutes’ work. “I put it that from the time he left until ho took out a summons, he did not do twopenny worth of work,” said counsel. “Does it look right that the man who is making this application is tho man who is suing you? Has he been chairman of directors since he has been put off? Cook; Yes. Air Thomas; And ho can go to the meetings? Cook; Yes, if he likes. _ _ Mr Thomas: It’s a funny position. isn’t it? Cook: Oh, I don’t know. Air Thomas then produced a letter from Aliller, written in February last, in which he stated that his resignation had been in some time, and he was not prepared to bargain regarding the amount he had sued for. “I’ll leave it at that,” concluded Air Thomas. After evidence had been called as to Cook’s character, Air Thomas said that the objections were based on two grounds, tho financial position of the company and Cooks character. Land agents were ' n the same position as solicitors. They had to have a trust account, and the court should be satisfied as to the solvency, of the company. Referring to character, Mr Thomas said that it was highly improper for Cook to sign the minute book as a director when he said that he was not a director. It might have been done in ignorance, but again there might be something more sinister. “The whole thing is sheer and arrant .nonsense,” said Air Thomas. “He said he attended directors’ meetings as a salesman, but no other salesman was present. He signed cheques and promissory notes as director.” Then there was the extraordinary position of Aliller, continued counsel. He was applying for the license, but it was quite clear he had not done any work for the company since judgment was given him for nine or 1months’ wages. _ ~ In giving judgment, Air Young said it appeared that Aliller was in the position of a dummy. Apparently he had nothing to do with the control of the company, and Cook seemed to have been acting as director and general manager. The matters of trust accounts, etc., were gone into fully by Air H. Y. Widdowson when S.M., and ho acted to prevent irregularities. All the reasons which existed in 10-j existed now. In his (Air Young s) opinion, he was not satisfied with the company’s financial position, nor with the evidence as to Cook s character. 1 lie application would therefore bo refused.