STRATFORD.

Taranaki Daily News, 24 May 1919, Page 6

STRATFORD.

(From Our Own Correspondent./ (All communications, letters, etc., left vritn Mi' H. J. Hopkins, bookseller, will receive prompt attention.) MAGISTRATE'S COURT{Before Mr. A. Crooke, SJi.J SALE OF A STORE. ALLEGED MISREPRESENTATION. CLAIM FOR £IOO. Elsie Moir, of Douglas, school teacher, brought an action against Percivai GeoJeffery, of Hastings, accountant, and Sydney Martell, of Wellington, formerly of Hastings, land agent. The statement of claim set out that on or about February 5, 191'!), Jeffery, as agent for Martell, induced plaintiff to advance £IOO to him by fraudulently representing to plaintiff that he was authorised by L. A. Walker, of Tututawa, farmer, to arrange with plaintiff for such au advance, and receive such money on behalf of Walker. The defendant Jeffery v/as at that time acting as agent for the defendant Martell. Wherefore the plaintiff claimed £IOO with interest £B. Mr. Moss appealed for plaintiff, and defendants were represented by Mr. G. D. Gow (instructed by Messrs O. and K. Beere, Wellington).

The plaintiff, Elsie Moil-, slated that 'she first met Jeffery at her mother's house some time in January. She knew Mr. L. Walker, of Tututawa, and was on very friendly terms with him. The 6tore at Douglas knew to have been the property of Martell, and that Jeffery was MarteU's agent. She had not discussed the sale of the store with Walker prior to the sale being effected. About February 5 Jeffery borrowed £IOO from her on account of Walker. Jeffery told her that Walker was to have a share .in the store and could not find the money till the 20th. He represented that Walker was a returned soldier, and that if he did not pay he (Jeffery) would .give her a receipt and she would be en- ! titled to a. fifth share in the store. She understood when the money was advanced that she was assisting Walker. Jeffery had told her that Mr. Rashley was to lend the money, but was awj,y. The money had not been repaid and she was not approached by anyone on the subject of payment. She saw Walker and asked when he was going to nay back the money. He replied: "What money?" She told Walker that Jeffery had borrowed £IOO from her on his hehalf. The conversation took place at a-dance at Tututawa on February 14. She wanted to know where she stood. Walker knew nothing about the £IOO. The money was not repaid on the 20th, the date on which it was due- She saw JefTerv, who said he would see Walker and Rashlcy. He afterwards told her that he had seen them and it would be all right. Jeffery went away, and, not hearing from him, she wrote and asked for a return of her money. She received a reply. Jeffery told her in his letter to be very firm should Rashley or Walker approach her in Tesrard to payment. Neither did approach her. To Mr. Gow: After getting the receipt she discovered that the amount of interest (£3) had not been filled in. She saw Jeffery, who rilled in the amount after he had, according to his own statement, seen Walker. Mr. Walker told her that he had arranged with Mr. Rashley to find the money, and he thought that if he paid witness he might also have to pay Rashley. Rashley disappeared from the district about March 20. She wrote to Jeffery about March 25, and a reply was written on March 28. When she found that Jeffery had gone she sought an interview with Messrs Halliwell, Spratt and Thompson. Mr. Gow pointed out that before Jeffery had time to reply to her letter there was issued against him on March 27 a summons. Witness said she first called upon her solicitors on March 21. There was no suggestion till the summons was issued that Mr. Jeffery had participated in any fraud. She knew that Mn Cole had taken over the whole of the store and was paying the other partners their share. He had paid her mother, and witness had arranged for her amount to remain in the business for a time. She had received a receipt from Mr. Cole for the £IOO borrowed by Walker through Jeffery. To the Bench: Mr. Cole had said he would not see her lose the £IOO.

In reply to the Bench, Mr. Moss said that Mr. Cole had been informed that his receipt did not release Mr- Jeffery. Mr. Cole had been released. Elliott |S. Rutherford said he had acted as solicitor in the partnership agreement drawn up for the sale of the store. The instructions were'given by Mr. Rashley on January 17. He met Jeffery at his office on February 3. He called in the evening by arrangement and stated that he represented Messrs Walker, Rashley, Cole, and Mrs. Moir. He produced authority from Mr. JJartell. A settlement took place to a certain extent. Part of the payments were to be made by cheque or cash and part by promissory note. He asked where Walker's cheque was. and Jeffery said he could get it the following day. H. Lawrence Walker, farmer at Tututawa, said it was on February 3 that the first mention was made to him about the partnership in the store. He met Rashley and Jefferv, and the proposition was put to him first hy Rashley. He was told by Jeffery that the other man who was supposed to he in the partnership had pulled out, as he could not find the money. Jeffery. after explaining what a good thing it was, asked witness if he would not like to take a sliare. They then went to Rashley's office. Witness told Jeffery that he could not take n share, as he did not have the money to put down. Jeffery left, saying he would leave Rashley and witness to talk it over. After some time witness decided to take it on. Rashley said that he would find the £IOO, and that it could he paid back in monthly instalments. The same day they met at Rutherford's office. Witness did not pay any money, as he had none to pay. Rashlev said he knew where he could get the £IOO. He •rave Jeffery no authority to act on his ■behalf. Witness thought that the money W3s beinc; vaised by Rashlev. The business between him and Rashley was supposed to have been kept secret He was not certain now that Rashley had not raised the money. After Miss Moir had spoken to him about the money that had been borrowed he saw Rashley, who was at the dance. He said that he would fix the matter up and pay the money as soon as it was due. Subsequently Jeffery asked witness if he had paid any of the money back to Miss Moir. He replied "No." Jefferv then said: '* Appose you will pay it back?" Witne* jrtid: "Oh, res; I'll see to that." When *'-<° i said this he meant the money due to Bashley, who, he understood, was to nfl Miss Moir. '-.-..,■',

By" ifr. Gow: He had allowed Rashley to flUd the money how and where he eouM, Ee had no idea when Miss Moir

spoke to him about the money that it had to do with the store transaction. He only knew that when Jeffery wrote to him.

Mr. Gow: Then why did you go to Rashlcy when Miss Moir spoke to you? Witness, continuing, said he knew that £IOO had been paid into the business on his account. He did not know that money had been obtained from any one '.besides Miss Moir on his account. He 'knew that Mr. Cole had made some arrangement to pay back the £IOO to Miss Moir, and that £IOO represented witness' share in the business.

Martha Moir, mother of plaintiff, gave evidence to the effect that Jeffery had approached her and asked her for a loan on behalf of Mr. Walker. She did not lend the money herself, and referred him to her daughter. Ernest Cole, owner of the store at Douglas, gave evidence at some length. He considered that he had lost in the business up to £3OO. He did not intend to take any part in the management of the business. That was to be left to j\lr. Rashley. The £IOO received from Miss Moir had been paid to Martell. Subsequently witness took over the whole of the business. As he knew that Miss Moir's £IOO had been paid into the business, he thought it the proper tiling to give her a receipt. Though witness did not know it at the time, he was when the partnership was formed the most substantial member of the firm. He had been told by Jeffery that the Moire had a few thousands stuffed away. By Mr. Gow: The losses were due to Rashley, for whose arrest a warrant had been issued, and since withdrawn. Rashley was in Wanganui at present. For Walker's share in the business he was settling with Miss Moir, who was now receiving 5 per cent, on her money. This concluded the case for plaintiff. Mr. Gow said that, so far, there was no ease to answer. Walker, in his ignorance, may not have known that he was giving Eashley a free hand to raise the money. If there had been misrepresentations Miss Moir should have demanded her money back, liut she was leaving it in the business, and was taking advantage of the interest it was earning. She was really taking advantage of the so-called misrepresentation. The magistrate said he did not see that Cole was bound legally to pay Miss Moir the £IOO. After hearing evidence by Jeffery, which was similar to that given by previous witnesses, except that he denied that, in accepting £IOO, he was acting for Martell, the hearing was adjourned till next court day for legal argument. OTHER CASES. For riding a bicycle on the footpath within the borough, J. Sanko, who did not appear, was fined 5s and costs. On charges of cycling at night without a light, the following fines were imposed: A Graham, W. Man-, F. Quayle, and J. .1. James 10s each, M. Taylor os, with costs in each instance. Judgment was given for plaintiff by default in the following cases: E. H. Heal v. F. Canute, a claim for £3 5sJohn Petrie v. W. Wright, a claim for £1 15s; Whangamomona County Council v. A. Klee, a claim for £2 4s 7<L GENERA!,. At about 5.10 yesterday afternoon, while the Magistrate's Court was sitting, the electric light suddenly failed. After a little delay, the solitary kerosene lamp, which hangs from the ceiling ready for such, an emergency, was lit, but there was no oil, and, after a faint flicker or two, the light died down. Following a hurried search, the Clerk of the Court appeared with some candles, and the sitting had to be continued till 5.50, when the electric light suddenly came on again. The movement to raise funds for a nurses' memorial is meeting with wholehearted support from the Stratford Returned Soldiers' Assn. Part of their effort to assist will take the form of a ball, to be held in the Town Hall on Thursday evening next. The ladies of the local Red Cross Society are co-oper-atmg, and have agreed to provide the supper. The ball ought to be one of the leading social events of the season As their appears to be some misconception as to the way in which nurses are to be benefited, it may be as well to explain that it is not intended to build a home or erect a monument, but from the funds monetary allowances will be made to nurses of advanced years who are no longer able to practice their profession. The local Returned Soldiers' Association expect to raise a goodly sum. Mr. G. N. Curt ls has generously donated ten guineas to the fund, and the association are hoping that at least ten citizens will come forward with similar donations. The ball will, no doubt receive the wide patronage it merits, and :t is hoped that returned soldiers from nil over Taranaki will be present IThe executive are looking for a good crfwd of the.r comrades from New Plvmouth There was a large attendance at the Catholic soc.a held in the Stratford, Town Hall last evening, and the social ' as was anticipated, was a great success. Music was provided by Mrs. Bianchi (piano), Mr. S Parker, (cornet), and i ,\ n (dn,ms >- Ei *™s were played by Misses Kelly, Fitzgerald, and Marchant. The duties of M.'sC were carried out by Messrs Jans and V Mischewski. During the evening Miss C Massey sang "Mother Machree," for which she was heartily applauded. An excellent supper was provided. T. Lamason's weekly report is as follows—Last Saturday my usual sale waq held, when a splendid entry of poultry came to hand. Prices for same were exceptionally good for the time of the year. Bullets and good cockrells were in good demand. I quo te as follows: Hens Is Od to 3s each, ducks 2s 6d to 4s fid each, cockrells 2s to 3s Od each, potatoes lis cwt., bran 15s sack, apples 2s to 7s case, pears 4s to os, furniture and sundries usual rates.

Bargain fortnight at James', Saturday 17 to Saturday 31. Sale discounts on ail fancy goods, jewellery, brooches, pendants, bangles, etc. Special sixpenny table. Special half price table. Discounts on ladies' hand bags. A fortnight's sale of fancy goods and toys. Please come and see. Charles E. James Broadway, Stratford.* '