PROBLEM FOR JUDGE.

Otago Witness, Issue 3832, 23 August 1927, Page 4

PROBLEM FOR JUDGE.

AN UNSATISFACTORY CASE.

STRONG COMMENT FROM BENCH.

WELLINGTON, August 18. Comment on the method in which certain businesses were conducted was made by the Chief Justice (Sir Charles Skerrett) in the Supreme Court to-day, when delivering judgment in the case in which Mrs ■ Dorothy Levin, of Wellington, claimed £315 J4s from Mark Lees, a ladies’ tailor, also of Wellington. Mrs Levin’s statement was that she lent to Lees, the defendant, £686 in two installments to settle a Supreme Court case. Lees was to repay only two-thirds, because the proceedings threatened against him also affected Mrs Levin to a certain extent. - He gave money and goods to Mrs Levin • amounting to £l4l. Mrs Levin claimed the balance, £315.

Lees, in defence, said that the £686 was lent to Harry Levy, a former partner of Mrs Levin’s . in a ladies’ outfitters’ business,' and when the partnership was dissolved I between Mrs Levin and .Levy the total of £315 had been repaid. I’Tfeel M&t I am not doing any injustice when entering judgment for, the plaintiff for the amount claimed,” said his Honor. “Thia has been on© of the most unsatisfactory- cases that has ever come before me as -.a judge, and quite as unsatisfactory ’.as' any 'case-I have been coh- . coined jii ,Ss Counsel. It -jg difficult to know where the whole truth lies. I

.think it would require a new Solomon to>fe "unravel the curious statements on both®-'-sides. I will abstain from saying any-< thing about the method of. conducting, business, except that it seems to me to be a real danger to the community. Nona of the transactions was conducted in the name of the proprietor. All were con... ducted under some other names or under the name of the wife. I venture to says) that the system is one which is not conducive to fair and honest trading. -\ In conclusion, his Honor said: “1 hold that the plaintiff has established her cas© and that she is entitled to judgment: “I| woi.ld have suited my inclination muc®g better if I could have said:. ‘Bustle all these people out of court.’ Indeed, I thought at one time that I should be forced to that conclusion, but having carefully reviewed the evidence I do not think I- would be doing justice, to imposition if I did not <nve effect to conclusion at which I nave arrixed.