FRAUDULENT SOLICITOR

Hokitika Guardian, 6 December 1928, Page 6

FRAUDULENT SOLICITOR

BREACH OK INSTRUCTIONS

(By Telegraph- Bress Association)

AUCKLAND. December -3

Arising out of the defalcations of J. 11. V. Mansill, an Auckland solicitor, now serving a sentence ol imprisonment for theft and lorgery, judgment was given by Mr Justice I’ razer, in the Supreme Court, in a case in which John and William Andrews Kirk ness sued Joseph George Sheldon for possession o! ! h • i emoranduni ol a. mortgage and iik m naudiim ol discharge.

The plaintiffs paid to Mansill IMod which they had owed under a mortgage to the defendant. Mansill, instead ol handing the money Lo delendant, misappropriated it. Defendant had signed a meiiiorandiini ol discharge, wliieb he left willi Mansill whom he authorised to accept payment, hut later hi* (old Mansill not to accept repayment, and instructed him to cancel the memorandum ol discharge. .Mansill. in a breach ol his instructions, did not cancel it, and when repayment was made produced it to William Kirkness.

The .Judge said that Mansill obtain od defendant’s signature to the mem oraiiduin of discharge in such a man nor as entitled plaintiffs to act on it. and defendant was accordingly eslo poed from saying Mansill was not his solicitor when lie produced the document to William Kirk ness.* W Imre one of two innocent persons had to suffer through fraud of a third, tin loss must fall on him who by Ins indiscretion enabled the third person to commit fraud.

Judgment was given for plaint ills lor possession of the memorandum ol mortgage, with costs as on the claim for ,C-100.