DRAMATIC ADJOURNMENT

Taranaki Daily News, 9 December 1926, Page 11

DRAMATIC ADJOURNMENT

PLAINTIFF SUDDENLY DIES SUPREME COURT ACTION STAYED. ALLEGED MISREPRESENTATION.... By Telegraph.—Pres* Association. Auekjand, Last Night. A dramatic adjournment of a case m the Supreme Court was necessitated by the sudden death of the plaintiff. The case was that in which Samuel Hardy, a retired farmer, of Cambridge, proceeded against Arthur Cleave, a company promoter, of Auckland and Wairakei, Ltd. He alleged that through fraudulent misrepresentation some shares held by a director of the company, had been unloaded on to him in place of the original shares he had applied for. He asked for the removal of his name from the share register and for the refund of moneys paid, totalling £l6O. ami damages £63 16s. Plaintiff gave evidence this mornings but died at his hotel in the afternoon a hile legal argument was proceeding. For the defence it was argued that five cardinal pointe in the case of fraud were entirely absent. Hardy had, moreover, exercised his rights as a shareholder. which was sufficient answer to any question of irregularity in the transfer of shares to him. Decision is now awaited whether the action is to be proceeded with by the substitution of another plaintiff, or whether it will be terminated. 9 -