SUPREME COURT SESSION

Taranaki Daily News, 1 December 1926, Page 11

SUPREME COURT SESSION

MONEY NOT ACCOUNTED FOR THREE YEARS’ PROBATION GIVEN. WARNING TO OTHER AUCTIONEERS Found guilty last Saturday on each of fourteen counts of fraudulently converting to his own use moneys totalling £44 Is 9d am' fraudulently omitting to account for the moneys to his clients, Colin Leighton, formerly an auctioneer at Stratford, came up for sentence before the Chief Justice (Hon. C. I’. Skerrett) in the Supreme Court at New Plymouth yesterday. Leighton was granted probation for a term of three years under the usual statutory conditions, additional conditions being that he pay £5O towards the costs of the prosecution and that he refrain from engaging in any agency or auctioneering business on his own account during the term of his probation. He was permitted to pay the £5O costs in half-yearly instalments I extending over the period of his probation. The charges arose out of the loose conduct of the accused’s auctioneering business in Stratford, the fourteen charges arising out of transactions in . which seven of his customers were involved. The evidence given by the seven customers during the . hearing of the ease was of much the same nature, and was in effect that they could not obtain the proceeds of sales when they applied for them, the accused putting them off on each occasion with various excuses. In asking the Court yesterday to extend leniency to the accused, Mr. R. R. Tyrer said that Leighton had been in business for the last 17 years, and was well known in both Hawera and Stratford. He had occupied public positions, and had, generally speaking, earned the respect of the people. The position in ; which he now found himself was due ! more to muddling than anything else, ami there-had certainly been no criminal intent. The accused ought never have started as he did with practically no capital, said His Honour, in addressing him before passing sentence. He had failed in his duty by not keeping a separate trust account. Men in business such as he had conducted were in a fiduciary position, and the people who were his customers were entitled to the protection that the keeping of a separate trust account afforded them. It had been brought under his notice, that some other auctioneers in the district did not keep trust accounts, added His Honour. He hoped the present prosecution would be a warning to them, and that they would take steps at once to see that the position was put right. CLAIM OVER SALE OF HOUSE. JUDGMENT GIVEN FOR PLAINTIFF. The story of au agreement to purchase a house that was not carried out, owing to the unwillingness of the would-be purchaser's wife to live in that particular house, was told yesterday during the first civil case of the session, one involving a claim by John Henry Bickford for an order against Frederick Atkins for the specific performance of an agreement to purchase a house property at Normanby, and £25 damages, or £lOO damages in lieu thereof. After hearing the evidence and lengthy legal argument, His Honour stated that he considered that the plaintiff was entitled to the decree that he sought, and also was entitled to interest on the purchase money as from the date of the completion of the contract, less any rent he may have received meanwhile. Judgment was given accordingly, with costs on the lowest scale, witnesses’ expenses and disbursements against the defendant.

The position as outlined by counsel was that Bickford purchased a house and section in Normanby during the “boom” period, but had to return on to his farm, which fell back on his hands. Early in July Atkins inspected the property in the company of land agents, with a view to purchase, and offered £3OO cash for the house and property. The agent went out to see Bickford with a proposal to transfer the property to Atkins for £3OO cash, and after some demur Bickford signed an agreement to sell at that price. Two days later Atkins signed the agreement and paid a deposit of £2O. A day or two later, however, Atkins intimated ' that his wife did pot want him to go ■on with the deal, ami for that reason |he wished to be released. Atkins explained that he had depended on his wife for half the money, but she would not consent to help him in making the purchase. BICKFORD ANXIOUS TO COMPLETE. Bickford was anxious to go on with the deal, as he wanted the money for use in improvement of his dairy farm, and finally agreed to take half of the £3OO in cash, leaving the balance on mortgage for a term. A conference was held at the auctioneer's office at Eltham, but Atkins would not consent to go on with the business, and nothing definite was arrived at. “You can’t get blood out of a stone,” Atkins observed on one occasion, and offered to forego his deposit. Since that time, .. it was stated, the chances of disposing of the property had steadily diminished, owing to the tightening of the money market due to the low advances for dairy produce, and if Bickford now wanted to realise on his property he would have great difficulty in disposing of it. The defence rested chiefly on two submissions, (1) that there had been a provision made that the purchase of the property should be subject to the approval of Mrs. Atkins, and (2) that the vendor did not at the actual day of the completion of the contract hold the unencumbered freehold title of the house property, owing to the fact that it was subject to the termination of the tenancy, one month's notice being required. Owing to a complete denial of (1) by more than one witness for the plaintiff, counsel for the defendant intimated that he would abandon that portion of the defence. His Honour held with regard to (2) that it must fail as defendant had not at any time approached Bickford with the object of executing his contract; therefore he hud not given him an opportunity of handing over the unencumbered freehold property. FIXTURES FOR TO-DAY. PRISONER FOR SENTENCE. AH the criminal work of'the session has now been completed, and the indications

are that the session will end about Tuesday or Wednesday of next week. This morning at 10 o’clock Fisher Kapa, who was found guilty on Munday of unlawful carnal knowledge of a girl under the age of 16 years, will come up for sentence. The Court will be occupied today with the hearing of a number of petitions in divorce and probably some bankruptcy motions.