LAND AGENT SUED.

Taranaki Daily News, Volume LVI, Issue 266, 8 April 1914, Page 2

LAND AGENT SUED.

AN OIL SiNMCATIi. SOME IN N liK DETAILS. A lengthy cross-examination concerning the dormation of a syndiear.i- for the purchase of oil options, ensueu in the Magistrate's Couit at New Plymouth yesterday during .the Ji oaring of an application by Honry Weston (Mr. H. It. Killing) tor a judgment summons order against Spencer Devenish Pope, of New Plymouth, land agent, for payment of 52 15s <kl, the amount of a given in favor of the judgment creuitor on September 2 last. The debtor, from the witness box, said that since the date of tne judgment he had earned practically nothing. He was a laiiu agent, but there had been very little to do lately in that line of business. There were one or two amounts owing to him for commission. A local boring company owed him £IOO, but that was to be paid when the transaction with which it was connected, had been krought to a successful issue, lie was forming a syndicate to take over the options of the company, but to do so lie 'Had been obliged to -put what money ho had into it. Mr. Billing: There is> £IOO to come to you then? Defendant: No, that was practically retained by the company. I have not handled it.

Mr. Billing: ' What did the syndicate pay to the company? Dafendant: I would rather not say. It is a confidential matter.

Mr. Billing: We must have particulars.

Defendant: I have never received anything. Mr. Billing: You applied the £IOO to pay the share of other members of tlia syndicate? Defendant: No. We were to float a •ompany, and I was to pay my £IOO in as a guarantee of bona fides. The oil company were to be paid £250. There were seven or eight members, contributing unequally. 1 and three otherj paid £IOO each. Mr. Billing: fc>o out of that £IOO there is something to come back to you? Defendant, to the Magistrate: I assure you, sir, that I have not received one penny of the money. Mr. Billing: You wore to receive £IOO, but iit was; retained. How much has been paid to the oil company up to the present? Defendant: £2BO.

Mr. Billing: Of that £IOO owing by them to you, was the balance paid by the other members of the syndicate to you? Defendant: No. In reply to further questions, he said that other commissions due to him amounted to £SO, on which he had givm orders amounting to £4O. The commission would not -bet paid him till the transactions were completed,' although all his work was done. Mr. Billing then questioned defendant closely concerning a bill for £SO which ho said defendant bad discounted recently. This, he said, must have been part of the £IOO.

Defendant said it was a private matter, and purely an accommodation bill. He did not want ..ae details made known. Although the £IOO was due to him by the oil company they had asked liim to accept £">o down and £")0 wh«n the transaction, was completed, lint in order to cam' out his arrangements with his syndicate, ho borrowed £. r >S, which was at once handed over to the company. Mr. Billing's ofl'tee knew /ill about it, though Mr. Billing himself might Hot.. A meeting of his creditors had agreed to give him six months time in which ito complete his business with the syndicate.

Mr. Billing: Wo wore not invited to that •moet-inar. You received £SO on a bill and paid it over to tlu> epmpanv in resfwct of your share of tile purchase by the syndicate.

Defendant said it whs purely an accommodation. TTe luid no money, chattels, or land, nor iiail his wife,' except iler furniture.

H U worship refused to make an order.