DISPUTE OVER PAYMENT.

Wairarapa Age, 21 November 1928, Page 5

DISPUTE OVER PAYMENT.

MONEY ALLOWED FOR TRAVEL- / LING EXPENSES. JUDGMENT RESERVED. CHRISTCHURCH, November 20. Herbert William Acton Adams, of Tipapa, North Canterbury, who, inherited £150,000 cash under the will of his late father, sued the executors of the estate in the Supreme Court td’-day for £l5OO. In 1921 plaintiff's father, William Acton Adams, who resided in England, sent instructions for plaintiff, his wife, daughter and son to visit him. Mr. C. C. M. Ollivier, attorney in New Zealand for William Acton Adams provided for plaintiff a sum of £2500 out of the moneys belonging to William Acton Adams as a reasonable sum to defray the expenses of the voyage. Plaintiff and his family were affectionately received by William Acton Adams, who instructed his accountants in New Zealand to allow plaintiff only £lOOO on account of expenses. The trustees debited plaintiff with the sum of £2500, but credited him with £lOOO. The expenses exceeded £2500 and plaintiff had to appoint a manager on the Tipapa property, owned by William Acton Adams. A sum of £l5OO therefore, was claimed. The -defence was that the sum of £2500 was loaned or provided by Ollivier, who had no authority to make a gift to plaintiff at the time. Plaintiff knew that the sum was not a gift by Ollivier, on behalf of William Acton Adams, and knew that he was liable to repay the sum to William Acton Adams, as William Acton Adams had instructed his accountants to credit plaintiff with the sum of £lOOO. Plaintiff was discharged from his liability to repay that sum but his liability to repay the sum of £l5OO remained. Judgment was reserved.— (P-A.)