LAW REPORTS

Dominion, Volume 8, Issue 2335, 17 December 1914, Page 9

LAW REPORTS

SUPREME COURT CIVIL SITTINGS CONTINUANCE AN MJSUAL CASE ' '\ ■ - i 'A, olaftii embodying gome unosuai points' came before His . Honour Mr. Justice Hosting in the Supreme Court yesterday,- when Wm. Edward Timmings claimed from Messre. Bolton and Organ, solicitors, £1000 dainages for alleged negligenoe.

Defendants were represented by Mr. A. W. Blair, but plaintiff appeared in person, and said that lie had asked forty solicitors to represent him, but they had all turned him down, The money had been offered t<j the solicitors, but had. been refused:. His Honour: You see, these things &xp to d certain extent technical, arid I think that it is unfortunate yon have not got assistance. " It is a reflection upon the legai profession if no one. was forthcoming, simply because defendenis Happen to be solicitors. Plaintiff.: For two years I have Struggled to get a solicitor; but haven't been ahle to do so. .. His •Honour: Have you referred it to the Law Society? Plaintiff: Yes; and the only retort I got was to get a solicitor, and bring the cis'e before the Court. . , -His Honour: Have you askdd them to get you counsel? ■Plaintiff: No. . • . Mr. Blair pointed ont that there had been a change of ground. A.. complaint came before the Law Society, but this was an entirely new matter. It was true that Mr. Timmmgs bad teen: to, a large number of solicitors, and they,had. all done their best for him, but the diffioiilty w£s in ascertaining exactly what . the trouble was: There were certain technical defences which riiig'ht have been raised; but it was thought that it might be best to give Mr. Timminge an opportunity to Ventilate what he considered his grievance: ' ■ ■ . Plaintiff: This matter has been Defore the Lands Committee of the House of Representatives, and finding they had no recommendation, they said it was a matter, which should be placed before a Judge of tho Supreme Court, to Erant my family assistance. , . His Honour: You had some assist ance in drawing iip this statement of claim? , . ■' .

Plaintiff:. I had assistance from wellwishers. I have had several solicitors who said.they would hot take a case against, the profession;. , His Honour: 1 don't think that Is the" ordinary standpoint taken' by solicitors. . . ' .. Plaintiff: I tried to believe- that.for two yearn, but I found all the solicitors', the. same. ..... His Honour: Well, we will try and remedy it if that is the case. , Plaintiff proceeded to read liis state-, merit of claim, in which he alleged thai; in 1908 ho agreed to exchange with one Lawsou.his property in Constable Street, Wellington, for a leasehold sectioii owned by Lawsbn .at the Hu'tt, there .being payable by, Lriwson to the plaintiff the suin, of £350 for equality of exchange. Ho.alleged that the defendants were guilty of negligence in carrying out • the exchange and the plaintiff's instructions; There were complicated issues regarding mortgages. Plaintiff claimed. £1000, for negligence and failure - of duty. "■ " ' ' The defence was & general denial of the allepfations. - Defendants said that the rtfefre;a ,td .w.as,.,dated. June 10, 1508; and was between one Eva. Oathflrfnejlvey for the'exchange of the plaintiff's property: subject. to the. mortgages fbr £1150 ■ for all' Mrs. Iyey's interest iii a leasehold property at Bpuni Hamlet, purchased from J. A. Lawson. subject to mortgages totalling £640. This agreement, they carried out, and they denied negligence. ' Mr. Blair said that the pofeition actually was that Mrs. Iyey, bo far as' d&: feridahtfl were, concerned; apparently made aii agreement which turned out to be.the reverse of profitable to the plaintiff. , That was the agreement of June 10, 1908, and that agreement was the one that they were instructed to carry out, arid accordingly defendants transferred the properties in the ordinary way.; It was provided in the agreement that the title was to be taken over from Mr. Lawson. The agreement was exactly carried out as signed.' The plaintiff had since gone bankrupt, and tHo case was really statute barred, and the suriiinohs had never been served on .Mr. Bolton, who , three years before had left the firm of Bolton and Organ; when the partnership was dissolved. , ;Hβ had since left New Zealand. They wished to let.plaintiff ventilate his case. The,defendants carried but tho only agreement they knew of, and. then they beard nothine of the matter for three and a half years. They know ndthing ab'out a'second agreement. The/.matter had been fully investigated by the Law Society, who reported on it at great length. ' Plaintiff; in giving evidence; said that his transactions had Bothing whatever'to do with Mrs. Ivey. They simply had to do with Lawson. His position

was, after he had occupied the Hutt property, that he was saddled with a mortgage for £240, which should have been discharged. He was later turned out of the property. • His Honour suggested that he should look through the report of tho Law Sooiety. • ■ • Plaintiff: They are a tissue of falsehood from end to end; Further hearing was adjourned till Friday afternoon. 'AN INJUNCTION CLAIMED. G. W. Hean (Mr. A. W. Blair) proceeded against O. E, Fearon and others (not represented) claiming an Injunction against the passing off of a cough remedy (knoivii as Hill's Essence) aB Hean's Essence. Judgment was reserved.