UNFULFILLED CONTRACT.

Waikato Times, Volume 113, Issue 18928, 24 April 1933, Page 8

UNFULFILLED CONTRACT.

BENCH’S STRONG COMMENT. DEBTOR ORDERED TO PAY. GAOL THE ALTERNATIVE. (By Telegraph.—Press Association.) AUCKLAND, Monday. Harold Bradley Brownrigg, agent, of Auckland to-day was ordered by the Magistrate to pay £l7 18s 2d to W. H. Le Sueur, civil servant, in default 18 days’ imprisonment. The defendant on M.orch 14 consented to judgment for £l2 10s. Brownrigg, examined on oath, said his earnings since March 14 were £2 Os Gd relief sustenance. He denied making any representations to plaintiff, either personally or by agents. He admitted that Overseas Passages Ltd., with which lie had been connected. was not a registered company. Le Sueur and 14 others had paid deposits on passage moneys totalling £ll2 10s. That money had been used in the business, in addition to £3OO which he had personally borrowed. He admitted that, the firm had never chartered a steamer and denied it had ever represented ito anyone that one had been chartered. After hearing counsel, Mr Wyvern Wilson, S.M., sail.): “ This money, was I think, obtained under false representation. There was no such company as Overseas Passages, Ltd. But the real question was whether there was a bona tide effort by Bvownrigg to carry out his contract to carry Le Sueur and his wire and child to England, but there was nothing To show that this had been done. “ The whole thing recks of fraud,” commented the Magistrate. ”He was trading under a false name. It seems to me lie obtained money by fraudulent representation, and on that ground I am going to make an order for payment forthwith, in default IS days’ imprisonpient."

SHALLOW, HOLLOW FRAUD.” •COUNSEL’S COMMENT. DECEPTION PRACTISED. (Special to Times.) AUCKLAND, Monday. M,. r. Goodiiall, who appeared for plaintiff, said: ” it is obvious this £„ jmi't of one huge scheme, and that Brownrigg launched the scheme and depended upon the money paid by depositors to carry it on. Browmigg is the man behind the gun. There is no doubt that deception lias been practised, both in Auckland and Hamilton. Brownrigg must take the responsibility for the ’concern which lie established and guided. The whole >jhing is a shallow, hollow fraud."