A CLAIM FOR ALLEGED DAMAGES. GISBORNE, August 15.

Otago Witness, Issue 2320, 18 August 1898, Page 17

A CLAIM FOR ALLEGED DAMAGES. GISBORNE, August 15.

There was commenced in the Suprema Court, before Mr Justice Conolly and a special jury, this morning, a case in which Allan Maclean, a local sheep-farmer, mes tho Bank of New South Wales for £2993, damages alleged to have been caused to plaintiff by defendants advertising and selling land mortgaged to defendants without proper notice being given. In tho statement of claim plaintiff alleges that he was uneducated and unpractised in business affairs, and placed implicit confidence in the bank and its manager, and was in all things regarding his business affaira guided by them. He alleges that ho was not sufficiently informed of certain documents that he was induced to sign, and had no competent independent advice ; that undue influence and control was exercised over him in regard to several transactions; that unauthorised debits were made against his accounts; and that the bank unlawfully and ' illegally entered on and tock possession of plaintiff's lauds and seized and took possession of his sheep, cattle, and horses. In their statement of defence defendants deny that any relations existed between plaintiff and defendants except the ordinary relations of bankers and customers. They deny specincafly the allegations of undue influence or control and false representation, and say plaintiff voluntarily executed tho bonds and obligations referred to, and in one particular case after the perusal and approval of his own solicitor. They say plaintiff was an intelligent sheep-farmer, and that ho is, and was at all times whilst a customer of the bank, perfectly ompclcnt to attend to his business affairs without the guidance of defendants or any of its officers. They deny unauthorised debits, and further slate that the plaintiff instructed them as to what cheques should be drawn, and only cheques drawn in accordance with such instructions were paid. Tho memorandum of mortgage and stock security were- voluntarily executed, and by arrangements which were for the benefit of the plaintiff. Tho sales mentioned were in conformity with the powers contained in the instruments. Defondants had accounted, and been ready and willing at all times to account, to plaintiff for all moneys received by them in respect of the sales of such properties. After crediting plaintiff with all moneys received, plaintiff was still indebited in a large sum to defendants. The deny that they at any time illegally or unlawfully took possession of plaintiff's land or stock. The demand required by law was made, and plaintiff of his own frea will, and without any influence of tho bank, admitted that the bank was lawfully in possession of the property. Mr Finn appeared for plaintiff and Mr Thco. Cooper for the defendant bank. The case had not concluded when the court rose for tho day, r.iid will probably la,?t all clay to-morrow.