JUDGMENT FOR £2375

Evening Post, Volume CXXVI, Issue 138, 8 December 1938, Page 24

JUDGMENT FOR £2375

CLAIM ON ESTATE

SUPREME COURT ACTION

Judgment for £2375, together with costs, was entered in the Supreme Court yesterday by Mr. Justice Quilliam, in favour of Daniel Fitzgerald, of Pittsburg, U.S.A., against Allen Clark Tucker, solicitor, of Carterton, as executor of the estate of the late John Fisher, brother of the plaintiff.

John Fitzgerald, who was a resident of Carterton for many "years, died there in April, 1936. The claim was based on certain land transactions to which the brothers were parties as far back as 1913, when Daniel came to New Zealand from America and stayed for a few years, carrying on farming operations with his brother. On Daniel's return to America he left power of attorney with his brother, who administered their joint affairs until his death.

The plaintiff stated in evidence, which had been taken on affidavit, that the sum held by his brother on his behalf in 1916 was £1881, which was invested in New Zealand, only small remittances having been made to America from time to time. The plaintiff claimed judgment for £ 1881, together with such sum as should be held, upon the taking of an account, to be accumulated interest.

The executor admitted to the Court that a substantial sum was owing, but said that it must be left to the Court

to find the sum for which the estat* was liable.

The Court, as the basis of its judgment, found that on the deceased's own admission in a will made in 1928 a sum of £1500 was then held by him on behalf of the plaintiff, and had been so held for a period. The Court further found that £1875 might reasonably have been earned on that sum as interest ~up to the date of judgment. Judgment was entered against the estate fo* . £2375.

Mr. E. P. Hay appeared for the plaintiff, and Mr. C. C. Marsack (Masterton) for the defendent.