SEQUEL TO SUICIDE

Gisborne Times, Volume LXV, Issue 10315, 26 January 1927, Page 5

SEQUEL TO SUICIDE

ACTION BY OFFICIAL ASSIGNEE • AUCKLAND, Jan. 25. Reserved judgment in a claim made f>y the Official Assignee on behalf of the estate of the late Hassell Garland, sharebroker, of Auckland, who committed suicide last year, was given by Mr. Boynton, S.M., in the Magistrate’s Court. Defendant was G. L. Bradley, and the claim was for £'93 13s damages for alleged failure of defendant to complete the purof shares. “The first transaction related to 200 mining shares, bought on May 5 last by defendant and sold thro ugh Garland, said the Magistrate. "Defendant denies that he authorised thedeceased to purchase any shares after that date. In deceased’s books a complete purchase is recorded as having taken place in July last, aiid it is in respect of this that the present claim arises. The defence is that no authority was given to the deceased to purchase such shares, and further that when defendant became aware of the claim he called on Garland and repudiated the transaction, and the deceased accepted the repudiation. “A second defence is raised under the Stamp Act. Section 147 requires that a contract note of any sale of mining shares shall be transmitted to the purchaser within 24 hours after the completion of the sale of the shares. In this case, contract notes were sent, but the defendant swears he never received them. One was proved to have been made out oil July 5; and posted on July 7. Tins would render the sale void by section 149 of the Stamp Duties Act, 1923. __ “in defended claims on behalf of or against a deceased person’s estate the Courts meet with difficulty m arriving at a satisfactory conclusion. The most important witness is silent, and there is every inducement for the survivor to lie. For this reason evidence for the defence is examined with critical care. In this case, however, I accept the story of the defence.” Judgment was given for defendant, with costs. Security for appeal "asfixed at £ls 155.—l .A.