APPEAL COURT.

Evening Star, Issue 14932, 19 July 1912, Page 6

APPEAL COURT.

CASE AGAINST A SOLICITOR. (Teh United Press Association.] WELLINGTON, July 19, In the case against W. G. Somerville, solicitor, the latter moved the Couit for an order discharging nnd rescinding the rule nisi, on the following ground*. j That he had not committed any breach of duty or been g-iilty of any misconduct in the matters under consider at on, a~d that his actions h?<l been bona fide and commendable. Although £1,700 had been received by him from Mrs Bjtler, £750 or thereabouts had been paid, and applied to the use of Messrs Field, and the balance (£950) had been lent by Mrs Butler to Somerville, who had been hinvelf personally responsible for repayment. It had never been his duty to apply the £1,700 or £950 in discharging a'prior mortgage, and if it over hid been his duty he had been relieved of that duty and prevent, d from performing it by the actions of the mortgagors and M.s Butler. Even after complaint had been made to the Wellington Law Society, Somerville and his relatives had been implied to for further security. These securities for tho payment of*£l,7oo were better than the security first offered by the mortgagors. These further securities had been given on the' condition of Somei villa being exonerated from all demands and accusations. Addressing the Court, Somerville said that in 1906 he honer.tly believed he was well off, but his bankruptcy was due to the depression of 1908, which had mined him and his wife and _ family. When disaster had overtaken him be had do;:e all he could to protect Mrs Butler from loss.