LEGAL EXPENSES.

Manawatu Herald, Volume XXXI, Issue 453, 1 April 1909, Page 3

LEGAL EXPENSES.

At the Magistrate’s Court yesterday, W. E. Barnard, solicitor, proceeded against A. Wynd to recover the sum of £4 11s lod, being balance of an account for legal expenses. The defendant was represented by Mr Eoughnan, who stated that plaintiff had been engaged as patent agent, and also to look after defendant’s interest in an improved stripper that he and another named Watson had invented. The rights of the patent had been sold to a Mr Richardson, representing a Hawke’s Bay syndicate. Counsel contended that many of the items on the account should have been charged to Richardson and not to defendant. There were also other items on the account, such as advice to Mr Watson and interviews with people representing themselves as Watson’s agents, which were all charged to Wynd. Mr Eoughnau said it appeared to him that any one who came along and told Mr Barnard they were Watson’s agents could discuss the matter all at Mr Wynd’s expense!

Mr Barnard said he was acting for defendant as patent agent and was also looking after his interests in the sale of the rights of the patent to Mr Richardson. The items that Mr Eoughnan considered should be charged to Mr Richardsou were nothing to do with him, but were for advice etc. given on Mr Wynd’s behalf. In reference to the charges which Mr Eoughnan said were on behalf of Mr Watson, these could not be charged to him (Mr Watson) as he had received no instructions to act for him. Mr Richardsou had forwarded a cheque for £7O to be paid to Mr Wynd, and as there were some complications with Messrs Booth, McDonald and Co., Watson had threatened to take action against witness if the money was paid over to defendant. As Wynd required the money he (witness) had agreed to pay it over if defendant would give him a bill of sale over his furniture, in order to protect himself against any action that might be brought by Watson against him. Defendant had agreed to this, but when witness went to his house to get a list of the furniture, Mrs Wynd had shut the door in his face.

Mr Loughnan said he could not understand why plaintiff wanted a bill of sale over defendant’s furniture. The money had been sent to him to pay over to Mr Wynd, and this should have been done. It appeared to him that every time Wynd asked plaintiff for his money he was charged for it. Mr Barnard, continuing, said that he had paid the cheque into his account at the Bank of New Zealand, and it had been returned as payment had been stopped by Wynd. Wynd had then gone to Napier and collected the money himself. Defendant had not told him that he had stopped payment of the cheque, and he had been put to the trouble of writing to find out why the cheque was not honoured. The bill of costs was not questioned until now. The Magistrate in giving his decision said there were certainly several items in the account that could not rightly be charged to defendant, these amounted to £1 9s 3d; Judgment was entered up for £3 2s 7d with costs 6s.