CLAIM UPHELD

Evening Star, Issue 23370, 13 September 1939, Page 2

CLAIM UPHELD

1.0. U. FOR £IO,OOO LATE SIR THOMAS LIPTOM At a retrial in the King’s Bench' Division, London, of an action against the executors of the late Sir-Thomas Liptou, judgment for £IO,OOO, with costs and interest from 1931, was given to Mr Hugh Godfrey Nicholson, of the Swan Hotel, Thames Ditton. Mr Nicholson’s claim was based, on an 1.0. U. given to him by Sir Thomas.. Mr Justice Cassels stated that at th* first trial in 1935 judgment was given for tho executors. Mr Nicholson afterwards discovered important letters,and went to the Court of Appeal, where a new trial was ordered. Sir Thomas and Mr Nicholson formed a friendship at the beginning of ths century which lasted until Sir Thomas died in 1931, went on the judge., Sir Thomas, he declared, often talked about his will, and it was alleged-that he said he was going to leave Mr Nicholson £IO,OOO. On September 17, 1927. when he : was bordering upon 80, Sir Thomas signed the 1.0. XL. Among those forgotten in his will was Mr Nicholson. There was also no mention in the will of t-h« 1.0. U. . ... . “ Upon the evidence given beforo me,” remarked Mr Justice Cassels, “ I hold that Sir Thomas Lipton did, on more than one occasion, promise to pay, the plaintiff £IO,OOO for services ho bad rendered.” , , , Giving judgment, the Judge observed that Sir Thomas left most of his large estate—said to be about a million—1(» charity, and the executors were justified'in fighting the claim to the end., A stay of execution for a month was •granted with a view to a possible appeal.