SUPREME COURT

Taranaki Daily News, Volume LIV, Issue 219, 14 March 1912, Page 7

SUPREME COURT

SITTINGS CONCLUDED. The Supreme Court resumed its sittings yesterday morning, Mr. Justice Sim presiding. Charles Wesson proceeded against irancis M. Mills to recover £IOO commission alleged to be due in respect to sale of the leases of property belonging to defendant. Mr. C. H. Weston appeared for plaintiff and Mr. D. Hutclien for defendant. _ Charles Weston, land agent, plaintiff in the action, said defendant Mills had been very anxious to sell his leases, approaching him on July 2, 1910, and telling him that he had made up his mind to lease with a purchasing clause. After giving plaintiff particulars, Mills asked him what his commission would be. Plaintiff said he was not sure what the usual commission on leasing, amounted to, but asked if it would be satisfactory if he made the commission £l5O, £SO of which would be due on the date of transfer, and the balance when the purchasing clause was put into effect. Defendant agreed. . Plaintiff then immediately , wired to a prospective purchaser, A. T. Marr, to come to, New ( Plymouth. Marr arrived very shortly afterwards, and signed the agreement. An amendment was made in the original conditions that the rent should be paid quarterly but not in advance. Plaintiff agreed to take his commission in instalments as he got the rent. Some weeks later, when the deed was being completed betwefti Mills and Marr, he first heard that Mrs. Mills' name appeared on the title. He was not consulted regarding the transfer of the proper I '/ from Mr. and Mrs. Mills to Brai 1 and Featherston. Mills did not intii that his commission would be affe< by this latter transaction, but told 1 that Marr had transferred to Bramaid and Featherstftn,.and they were going to put the lease through as a direct transfer from himself and Mrs. Mills in order to save expenses. Plaintiff said he several times approached defendant with regard to the payment of the balance (£100) of the commission, but was put off each time with the excuse that he had not got any money out of the transaction and that he would have to j wait. On. one occasion defendant said he (plaintiff) had no legal claim because the lea9e wasxcancelled and it • was only out of his good nature that" he would pay anything at all, and if he was forced he would not make any payment. To Mr. Hutclien: He did know that Marr's rent fell in arrears, but he did not know that Marr had been unable to stock the place. He did not remember agreeing with Mills to sell Bramaid and Featherston's mortgages in consideration of the £IOO which he was claiming as balance of commission.

According to the evidence of Archibald T. Marr, livery stable-keeper, of Stratford, the sub-leases he got from Mills had been exchanged by him (witness) for some property at Dannevirke. He knew that there was a dispute over commission on the sale to Bramald, and he gave Mills the impression that .Weston was not entitled to commission because he had not completed. Witness said he thought that he was not entitled to it, but he knew nothing about the agreement between them. Evidence was given by Thomas W. Welch, formerly plaintiff's partner, to the effect that Weston had asked Mills to come up to Mr. Grey's office about the business of the'commission. Mills refused, and said Weston had agreed to wait for his commission, and that he had no money. Weston replied that he knew nothing of the kind. Mills then said Weston had no legal claim, as the pur : 1 chasing clause was never completed, but was cancelled, and if he did not choose to wait he would get nothing at all. Francis M. Mills, defendant in the action, said that from the outset he agreed to pay Weston £SO commission. When he transferred the property to Featherston and Bramald he'offered to give Weston another £IOO if he would get his (defendant's) money on the mortgages. To Mr. Weston: He told Mr. Grey (who acted for both parties) that Weston had no claim, and that he owedhim no money; that the agreement first of all had been for £SO. also that he did not consider that a proper sale had been made as Marr had not completed. Mr Grey told him that he thought he was liable. The agreement, was not made in writing. "Marr told him that he thought Weston was very well paid. His Honor reserved his decision. A BANKRUPT'S AFFAIRS.' As the result of the resolution passed at a meeting of his creditors, Amel Paul Koborstein, a bankrupt, appeared before the court in order to submit to a public examination of his affairs. Mr. C. H. Weston appeared on behalf of the application, while bankrupt was represented by Mr. J. E. Wilson. In his evidence Koborstein eaid hp was a butcher at Patea, now working for a butcher at Normanby. He commenced operations on March 1, 1911. Two months prior to that he occupied his time and spent part of his capital in erecting a slaughter-house and boilingdown shed. On January 1 he had £2OO lent to him by his wife. He leased 34 acres in Patea borough from Honeyfield Bros, at an annual rental of £1 per acre. He also leased a- shop at ',l2s fid and a house at 14s or 14s 6d per week. On March 1 he had £B6 Is 6d left out of the £2OO. He realised that he went down-hill rapidly, right from the start. A good while after he came to Patea he applied to his brother at Waverley for help.' The latter, however, said he could not help him for some time. ' By that time all the available cash had gone, and he had numerous debts. He obtained an overdraft from the bank for about £7O, and as a result of this he thought he would get on a good footing again. As regards several of his debts bankrupt admitted that he had not up to that time paid some of his creditors anything since he started running up accounts. He then saw his brother, who promised to assist him by way of guarantee, but subsequently' found he was unable to do so. On September 30 he was advised to call a meeting of his creditors. His liabilities then totalled £712 and his assets £550. He told an accountant who examined his affairs, however, that he thought he could carry on if given time. On October 13 bankrupt filed. Prior to that he proposed to raise money by means of guarantee £l5O, collecting £IOO of book debts, cash in hand about £4O, and advance on sale of hides and skins, £IOO. Mr. Weston: Your suggested way to get out of your difficulty was to borrow money from other people to pay your other creditors. Bankrupt: That is so. Further crossexamined, he admitted that his assets had realised only £154 5s 2d. He was unable to explain £4O cash unaccounted for between January 1 and March'l. To Mr. Weston: In seven months lie got through £SOO, at the rate of nearly £2O a week. He attributed this to the high price of stock and the low price of meat. His Honor made an order that the affairs of the bankrupt-had been sufficiently investigated. This closed the business of the Court, and the sessions concluded.