The judge continued: "Later, for reasons into which I need not enter, difüdulties arose with regard to the custody of the infant—the second defendant—and he was made a ward of court."
Messrs. Lewis and Lewis, solicit tors, afterwards wrote telling the bank they had received the instructions of Mr. E. A. Strauss to request that the bank should sell the £15,- 000 4% per cent. India stock held on his behalf.
In June last, after much correspondence, said the judge, Messrs. Lewis and Lewis were sent a cheque for £14,322 7s. 8d., with a statement showing how the amount was arrived at.
Thereatter, the settlor made payments at the rate £10 a week to Miss Wilson's account in the bank until about January, 1935, when he executed a deed of arrangement for the benefit of his creditors.
Mr. Justice Morton stated in his view Miss Wilson was entitled on her counterclaim to declarations that the bank were trustees for the £15.-
000 and the proceeds of the sale thereof, and that in paying them over to Mr. Strauss they acted wrongfully and in breach of trust.
She was also entitled to an order upon the bank to replace the India stock or its present value.
With regard to Miss Wilson's claim for damages for breach of trust, the judge urged the parties to try to agree on a sum to be paid to Miss Wilson, against which they should [set off the amount of her overdraft at the bank In his view, the bank should pay the defendant's costs, but as to that he was willing to hear arguments.
Text read from the printed page and cleaned; old type leaves the occasional error.