AN INTERESTING CASE.

Gisborne Times, Volume XXVIII, Issue 2744, 24 February 1910, Page 5

AN INTERESTING CASE.

ALLEGED BREACH OF AN UNDER-

STANDING

['Pun Pnrss Association.! PALMERSTON N., Feb. 23. In the Supreme Court- at Palmerston North, the case of AY. E. L. Banks v. the Cheltenham Co-operative Dairy Company was heard in the forenoon to-day. ‘ Plaintiff claimed a refund of £250 and the cancelling of a promissory note of that value, payment being alleged to have been made under pressure. Mr. Graham, of Feilding, appeared for the defendant, and Mr. Herd man, of Wellington, for the. plaintiff. The claim was that the plaintiff was a farmer, whose brother-in-law, Ross, as secretary of the Cheltenham Dairy Company, embezzled over £SOO. After this was discovered by an auditor, Mr. Sandilands, acting as legal adviser of the company, suggested to Mrs. Banks and her son that to avoid criminal proceedings against Ross they should pay £250 and give a promissory note for £250. The payment was made and the note handed over to the lawyer on the understanding that no criminal proceedings would be taken against Ross, but such proceedings were taken, hence the present claim. The iurv found, in the form of answers t-o ouestions, that it was agreed between the parties that the consideration for the payment of £250 and the giving of the* promissory note of £250 was that there should be no prosecution of Russ bv the company ; that the company did take unfair advantage of the plaintiff in the course taken, through. Mr. Sandilands, bv leading him to believe that if the £SOO was paid there was no reason whv a prosecution should follow. Therefore i+ wa- paid on that understanding. On the application of ii ' Graham, His Honor reserved (1) the right to move for a uynsuit- on an points, (2! for a now trial, or •«") f°'' both parties to move for n ppigment which ov<v thev considered they were most entitled to. ,