ABOVE THE LAW

Wanganui Chronicle, Volume LXXXIII, Issue 19719, 9 December 1926, Page 7

ABOVE THE LAW

ABRUPT ADJOURNMENT PLAINTIFF’S SUDDEN DEATH STOPS PROCEEDINGS. WAIRAKEI SHARES IN DISPUTE. (Per Press Association.) AUCKLAND, Dec. 8. A dramatic adjournment of a case in the Supreme Court was necessitated by the sudden death of the plaintiff. The case was that in which Samuel Hardy, retired farmer, of Cambridge, proceeded against Arthur Cleave, printer and company promoter, Auckland, and Wairakei, Ltd. He alleged that through fraudulent misrepresentation some shares held by Cleave, a director of the company, had been unloaded on to him in place of the original shares ho had applied for. He asked for the removal of his name from the share register and a refund of the money paid, totalling £lOO, and damages £63 16s. Plaintiff gave evidence this morning, but died at an hotel in the afternoon while legal argument was proceeding for the defence. It was argued that the five cardinal points in a case' of fraud were entirely absent. Hardy had, moreover, exercised his rights a’ a shareholder, which, was sufficient answer to any question of irregularity in the transfer of shares to him. Decision is now awaited as to whether the action shall be proceeded with by the substitution of another plaintiff or whether it shall be terminated.