BREACH OF TRUST.

Waikato Times, Volume 98, Issue 16153, 1 December 1924, Page 4

BREACH OF TRUST.

WALSH v. WAH LEE. JUDGMENT OF THE COURT. V DEFENDANT ORDERED TO PAY, , By Telegraph.—Press Association. AUCKLAND, Monday. His Honor Mr Justice Stringer gave his decision to-day, in the case in which £443 was claimed by John W. Walsh, of Hamilton, from Wan Lee, a Chinese merchant. His Honor said it was a case in which the principal handed . over to the defendant as his agent a sum of money to be"" dispersed in a particular way as directed. It was clear the agent could not dispute the principal's instructions. Walsh had acted in good faith, and he and deceased's partner realised assets of the partnership. A dispute as to the share in the partnership was determined by the Chinese Masonic Society, which made out the balance-sheet. This showed deceased's share to be £663, and Walsh haded over a cheque for £1725, made payable to Wah Lee, and which was handed to Wah Lee. with instructions to carry out the decision of the society. In the balance-sheet an allowance was made to Wah Lee for expenses, showing that he was to take an active part in the business. His Honor held that Wah Lee had undertaken the trust toMistrfbute the money in accordance with the decision of the Chinese- Masonic Society, namely, J,hat the £632 should be paid to the widow of deceased Wong How Ghee, in China. Defendant, admitted that in answer fo interrogations, he had received the money and proceeded to distribute it in acordance with in-., structions. He now based his defence on the statement that the arrangement was' he was to pay the money to Wong Bak Sheung, but that statement w r as not confirmed by other witnesses. The money received by the widow was only £l9O, and Wah Lee was responsible, as agent for the executor, for paying over the full amount. As for Bak Sheung, he had declared himself a thief, and no re-, liance could be placed on his evidence. His' Honor gave a verdict for £433 with costs.