LAW REPORTS

Dominion, Volume 8, Issue 2481, 7 June 1915, Page 3

LAW REPORTS

« [ SUPREME COURT BUILDING SOCIETY'S FUNDS t ; 1 ORDER FOR TAKING OP i ACCOUNTS 1 Reserved judgment by His Honour , the Chief Justice (Sir Robert Stout) , was read ill the Supremo Court oil Sat- 1 . urday in the case in which the plaintiff ' ! was the Colonial Co-operative Building Society, of Wellington, a duly iticor- J 1 porated building society having its chief 1 . office in Victoria Street, Wellington, j and the defendant was John Crewes, • secretary; of Wellington. r ' At the hearing of the action tlio previous week, Mr. R. Kennedy appeared ■ for the society, while Mr. A. W. Blair 1 appeared for John Crewes. ; The claim was for £911, made up of ! various sums of money alleged to have ] : been received by Crewes (secretary of 1 1 the society until June, 191*1) on terns < i requiring him to account for tbem to I the society, but not accounted for or I paid 'over to the society. The defence I had been a denial of misappropriation s and a denial of liability for certain i periods of the time over whioh the de- 1 ficiency extended. 1 In giving judgment His Honour said £ that the only point in dispute was t whether the defendant was liable to tne « plaintiff for the cash received in tne 1 office when leave of absence was granted ' to him. His Honour reviewed the evi- < deuce bearing on this point, and con- 1 eluded his judgment with the following t remarks: — . ; "In face of the fact that, owing to ■ the annual meeting never being held, * the time for the commencement of the J leave of absence never came, that the defendant continued to act as secretary c though not doing all the work of tho ' office, and that lie-was paid as secretary J between October 16, 1912,_ and October 8, 1913, I must hold him liable for that * period. His liability for the other j periods is, in my opinion, incontestable. J I shall give judgment for the plaintiff . company for any sum that may be , found due, and order the Registrar to take accounts, thus allowing the de- . fer.dant to see that the amounts charged . are actually due. I also order the Re- . gistrar to take the accounts yearly, so „ that the deficiency in each year may be seen. Further, I order that the accounts of the society during the period f October 16, 1912, to October 8, 1913, \ he specially taken. Any further questions arising are adjourned, either party to be at liberty to apply." The matter of fixing costs was reserved. . 1