THE FULL COURT.

Dominion, Volume 6, Issue 1713, 2 April 1913, Page 4

THE FULL COURT.

. LAWYER STRUCK OFF THE ROLL. .£' : '%iTRUST BETRAYED. ' — YestS'day afternoon the Full.Court -decided that Heiiry Edward Ellbtt, banister and solicitor, Opotiki,' should bo struck-off jtho- roU. Thero were on-the Bench the Chief -Jnsti,cs (Sir,, Epbtjrfc Stout) and Judges Cooper, and Chapman. '-.The mattei' nroso; through the Auckland District. Liu? :Society applying to have ,huide./.absoluta,ti tj)l# nisi striking. Elliott off ithe:ro,ll. , . The facts of the case were stated in ml affidavit' filfd' by George Septimus Moody. Moody, who is a farmer, stated that he aiid his brother Thomas instructed Elliott to prepare and complete qertain deeds of gift. Elliott informed tliem that .£260 would bo required for stamp duty, and this amount was accordingly paid to liini. As Elliott did not proceed with tho preparation, of the deeds, and as the money paid'was'not lodged in the Stamp Office, 'Moody instructed other solicitors. 'Ail action was taken against Elliott to recovcr.:the..<e2Go. Elliott- swore that ho find-the nioney. : -,on. deposit. Ati the bank, but a cheque which he handed to the Court ..at . the request of Mr. Justice Edwards,, was returned by the Union Bank of;'.' Australasia (Opotiki branch), marked ■"Keferi'to-drawer." In order to'obtain satisfijetioii' qf.-Jti?'claim, 3toody had .to .tomtaefe .'p'roiscedings in'bankruptcy, 'iwiirrl".J. JC. Reed appeared in support, of tho -Law Society's application, and with him was Mr. W. P. Endeau. Air. A. Blair appeared for Elliott. . .Mr. ?l{eed ,said .that what the Law 'ScCi'etyV charged Elliott with was the misappropriation of trust funds, and the; committal, of perjury in the Supreme Courts 'The 'explanation given by Elliott respecting the cheque was that a sum of money was to . have been paid into liis ac-' count,. : and that lie believed . that that sum had bsCn placed to his credit at the bank. '. 'All Justice Deiiniston: He should haVo. •given'full particulars of' that matter. - i: Mi\\ Justice ■ Edwards: But he says it was there-all tho time. Mr. Reed: And it was not there. .... Mr. Justice ;l)enniston: Of course'- It's, absni'di:'-:,.- ■;'■ . - '!;V'Miy:']tml:. : Ellictt's mother makes a bald, affidavit that she had promised to pay X3CO into his account,-but had omitted to do so. • t 'Miv.lJoed .submitted that there had been misappropriation. Elliott had notcomplied'.with the statutory obligation to keep ~u separato trust account for this 'money.' l Eveii' in' States where.the keeping 'of separate frust accounts was not a legal obligation, tho omission to keep them was regarded as misconduct. Mi'. Justice Danpiston: IM has not ex-plained-why he did not use that money■ lor, the purpose for which it to him. V. ....... ~ I Mr. Blair (Elliott's counsel): I am afraid'that the material before the Court is not such that ono can reasonably argiio that no punishment should bo inflicted; I do. iirge,. hov/ev.er,' that he did not get. the money with any fraudulent purpose, Mr. Justice.Ed.vards: 110 put his clients, to the risk of losing their property (tho ■gift) altogether. It' their father (the .gitcr),.''had. died\in- tho meantime, la's clfeiitg wfliiid-vhavß lost the whole gift, not only the i£2GO. stamp duty. Tho; Chieff ■Justicc: The Court is of opinion that : this is Teally a serious ..breach; -becauste,.this money, lias been rcceivetl"andfkept for nearlytwo years, aii<V'during'■ the. interval applied by Elliott for his .own purposes.- Therefore, .he las not only betrayed"' l intrust, but, though he has not in a legal sense embezzled it, what he.lins done is equal to embezzlement Then, when on trial in tho,. Supreme] Court, ~ho! . stated, on oath >ioinetliiiig^wTiichV-^wiis -no -true]- I. There;fflrg",tliC^^ii:Kj3 'ofopinionthat the solicitor must be struck off tho roll; and the majority, of tho Coui;t is of opinion that ho should bo allowed after three years to apply for rcadmission. It will be useloss for him to apply uuless/his coiduct is, such'as to .-give the iCourt.strong 'reason for believing that .'he' 'iwjll ,;be a prppei; member 'of tho professionl - in futu-e.-"' . ' .' Elliott was ordered to pay' the. costs of tho proceedings.