“GAVE FALSE EVIDENCE”

Sun (Auckland), Volume II, Issue 340, 28 April 1928, Page 1

“GAVE FALSE EVIDENCE”

JUDGE CAUSTIC CLAIM FOR COMMISSION UPHELD

Press Association. CHRISTCHURCH, To-day. Mr. Justice Sim to-day nonsuited the plaintiff in a case where J. M. Samson, of Dunedin, sued the White Star Brewery Company, Ltd., for £125 alleged to be due to him as commission on the sale of an hotel. His Honour would not allow the defendants costs, saying, ‘‘The plaintiff made the mistake of thinking that Lambert and Saunders, two directors of the company were honourable men whose word was their bond. They were not that. They repudiated the verbal contract given to the plaintiff through one, Pascoe (now dead), and Lambert had aggravated the offence by giving what he must have known to be false evidence.” “I regret to say, your Honour, that after your Honour's remarks yesterday, the directors still refuse to pay.” The Crown Prosecutor, Mr. A. T. Donnelly, made this remark when the case re-opened this morning. Mr. F. Sargent, who appeared for the defendant company, said he had only been able to see two directors, but he hoped to be able to arrange for a full meeting later when he would put the matter before all the directors. Mr. Donnelly: But three out of five have refused to pay, your Honour. His Honour: Are there only five directors? Mr. Donnelly: Yes. His Honour: Very well, then, I will give judgment shortly. The remarks referred to as made by the judge were to the effect that Samson had honestly earned the commission, and that the company agreed to fix the amount and agreed to pay, and then repudiated it and supported the repudiation with false evidence.