LOST HIS SAVINGS

Sun (Auckland), Volume III, Issue 746, 20 August 1929, Page 11

LOST HIS SAVINGS

FOUXTH EDITION

FISHERMAN TRIES TO GET BACK PROPERTY KEPT NO RECEIPTS A Tauranga fisherman related an unusual story in the Supreme Court today of having entrusted his money to a married woman, with whom he had lived at one time and who, he alleged, banked the cash and subsequently used it to buy property at Mount Maunganui in her own name. TAMES STEWART, an elderly fisherman who has lived in Tauranga {or nearly 40 years, sought to recover from Annie Migan, alias Annie Ridehalgh, of Tauranga, the transfer of four sections valued at £355, and the taking of accounts on the sale of four other properties totalling £4Ol. It was alleged that the propel ties had all been bought with moneys held in trust for Stewart by Mrs. Migan. The defence was a denial that Mrs. Migan had ever acted as trustee of Stewart's moneys, or that she had ever received any cash from plaintiff. Mr. Cooney appeared for plaintiff and Mr. Finlay represented the defendant. Toward the end of 1915, Stewart stated in evidence, he met Mis. Migan, who was then conducting a fish shop in the Strand in Tauranga. He arranged to supply the w oman with fish, and that she should take and bank all moneys on his behalf. He. received no receipt. The money was deposited in the bank in the name of “Mrs. Ridehalgh,” one of the names the woman went under, declared witness. He had never been shown the bank book. Later he lost the use of the fishhouse in Tauranga and subsequently bought a section and established a shop at Mount Maunganui, and continued fishing operations at that end of the harbour. Meanwhile Mrs. Migan sold out her business in Tauranga and came to live with him at Mount Maunganui Until 1925. A row occurred when the woman declined to allow two of his nephews, who had come out from Home, to enter the house. They separated company, but the woman continued the purchase of eight properties, four of which were subsequently sold. Commencing from 1916 and during their life together at Mount Maunganui, he had handed over the whole of his money obtained from fishing and other work to Mrs. Migan to bank. He asserted that there were 20 cheques drawn in witness’s name which did not bear his (Stewart’s) signature of endorsement. He had never authorised Mrs. Migan to sign his name on cheques.

The diaries kept by defendant containing financial transactions had a number of pages torn out. Stewart was sharply cross-exam-ined as to his financial position when he formed the alliance with Mrs. Migan, and plaintiff claimed that he possessed a launch valued at £l5O, and that he had never been “short of a shilling.” He strongly refuted a suggestion that he was invariably drunk and that he had been found intoxicated on his boat stranded on a mudbank, with the engine running red hot. He added that he had paid for stores and clothes. “The arrangement is the most extraordinary one could hear of,” remarked Mr. Finlay for the defence. Counsel contended that the money was handed by Stewart to Mrs. Migan, who was to pay the outgoings of the joint establishment, the balance being left in her hands, and yet plaintiff now claimed, years afterward,, that the remainder of the money was in trust. His Honour ruled that there was no proof of a contract between Stewart and the woman that the money was consideration for her living with him. The judge added that the woman received some moneys and was shrewd enough to go on buying properties in her name. "It seems to be a case where the parties should come together and try to reach an amicable agreement,” said his 41ouour. The woman had gone to the length of signing Stewart’s name instead of her own on cheques, he added. Mr. Finlay: The position is that the man had been doing no good for himself for years in Tauranga and the woman took him in— Mr. Cooney: Yes—well and truly, t Laughter.) Mrs. Migan claimed that she went to Tauranga with £250, and established herself in a business. One rlav after she had become acquainted with Stewart he sent for her, asking her to provide him with a home. His Honour: You acted the Good Samaritan and took him in. (Laughter.) He had only the clothes he was w-earing, when he came to her home, Mrs. Migan asserted. “Was that all he had on?—A little singlet and a coat?” asked his Honour. "Yes,” replied witness seriously. Mrs. Migan asserted that she had provided Stewart with a launch, and money to purchase fishing gear and tc buy materials for the boat. Stewart had been a hard drinker all his life, witness said. That doesn't seem to have lessened your affection for him? asked his Honour. Beaming on the judge. Mrs. Migan replied: Oh, you don’t know what I’ve gone through. (Laughter.) His Honour (consolingly): Tou teemed to have survived it pretty well. Describing one of the quarrels, Mrs. Migan said that when she told Stewart to go, he dropped on his knees anti cried. His Honour: He burst into tears. I suppose?—Yes; he cried many and many a time. (Proceeding.)