A SOLICITOR'S UNDERTAKING.

Manawatu Times, Volume X, Issue 1323, 17 October 1884, Page 2

A SOLICITOR'S UNDERTAKING.

At the RMy" Coavti uPalmersfcon yesterday Mr James J l?eaton, ef the ;saey Mr E. W. Perkins, a.soliciidr lately practising m . jPa'imers'libn/for I the^ecbvery*of £9 13s. Mr J. Herbert Hanking aptf peared for. plaintiff and^Mr F.Mowlem, under ;pOwer^of^^)ftorney, for the defendant. -\ Thjß-ijircn instances of the cSi& c weE6: ratner^peculiar. It appeared from the evidence that Mr Fgntbnifiad^ o:wed rthe^es&if^i %s *^° i late Mr J^B. Dungan the sum of ,L 2 but Bgainß^,this he ljad a cbnfta'ao* count amounting to L 3 13a. Mr Perkins as Solicitor for the adminis* tratrixiof the estate -aske^rMr Fenton for the L2^due, which ne at first ; declined Jib, pay, mentioning) thatjthe estate iwas.in'debted to « him i^J* r< » ger sum. - Mr-Perkin^O %$$ >**${$*' took that if Mr-Eenton would pay the. L 2 hel would see tha t t his accounl was, also .paidi/arndoon .this .understanding Mr Fenton gave a^ cheque for the amount.. It was claimed that .the, solicitor hadjf ihup yreijdered himself personally H<?espdhsible for the payment, and, -moreover, during the long? time that had elapaed -since ; he- had ;rep*eatedly u < promised s tp i. Bay ■ the amount j ; the > last , jprqmwe given about a week .: before,. t^; { left for fresh: fields. : ;In consejjuenc£' » of the repeated promißes,.!,Mr,. e Fenijoa had delayed suing -for the amount, butia summons, was serYed.pn;defen--dant before he j left,, j Wrh^ch, . hej^jdid not stay to.. defend. (jljiSji^bwliip gave jud^ment-for plaintiff, trad .the equity vand] igpodt; conscience clause,ior LI 13s costs 10s. "