Estate firm heads face fraudulent conversion charges
COUPLE TO BE TRIED AT ASSIZES
Twenty witnesses give evidence
DURING Monday’s seven-hour hearing at Shoreham Magistrates Court at which Philip Goodman and his wife Ena Goodman (head of Messrs. P. E. Goodwins, estate agents, of Station-parade, Lancing, and Conduit-street, London, W.1) were charged with fraudulent conversion of more than £1,000, the wife’s defence, Mr. James Burge, contended that there was no case against her.
But the chairman, Judge L. K. A. Block, said there was evidence against the wife. The couple, who pleaded not guilty and reserved their defence, were committed for trial at the Sussex Assizes on bail of £25.
THE CHARGES
THESE were the charges preferred against Mr. and Mrs. Goodman at Shoreham on Monday:-
That on a day unknown between August 24th, 1956, and September 29th, 1956, having received a cheque for £245 on account of Mr. Herbert Hudspith, they fraudulently converted the proceeds thereof to their own use or benefit or to the use or benefit of some person other than Mr. Hudspith.
There were three further similar charges alleging that having received cheques for £18 18s. on account of Mrs. Olive Backlog, they fraudulently converted sums of £18 8s. 7d. being the part proceeds.
Mr. Goodman faced three separate charges of fraudulent conversion and two further charges of obtaining credit as an undischarged bankrupt.
His fraudulent conversion charges related to £1,094 13s. 1d., received for or on account of Mrs. Charlotte Mary Ann [sic] Bosworth, £37 10s. on account of Arthur Pollitzer, and £350 being the part proceeds of a cheque for £400 received on account of Anglo Continental Clubs Ltd.
Mr. Goodman was also alleged to have received the loan of £200 from Mr. Neville Swainston, and credit of £103 18s. 10½d. from provision merchants John Buckley (London) Ltd., without disclosing that he was an undischarged bankrupt.
Mr. Burge submitted that the wife had been “brought down” by the failure of her husband’s business (of which she was nominally head) because he was an undischarged bankrupt. There was not a shred of evidence to show that the wife had used her bank account dishonestly.
Twenty witnesses gave evidence during Monday’s hearing of the case, which began last month with an all-day hearing.
The case was opened on September 9th by Mr. J. H. Buzzard, prosecuting for the Director of Public Prosecutions. He pointed out then that Goodman was made bankrupt in 1941 and had never been discharged. In 1945 the firm of P. E. Goodwins, estate agents, was registered and Goodman appeared to have run the London office.
On Monday Mr. Neville Bruce Bosworth, solicitor, of Lutterall-grove [sic], Four Oaks, Sutton Coldfield, said he acted for his wife in the purchase of 46 houses in Harrow Weald in 1949. There was a mortgage agreement on most of them and Messrs. P. E. Goodwins were appointed to manage the properties and make the mortgage payments monthly.
In December 1956 he checked the files and found there had been no mortgage statements from Goodwins since June 1954. Mr. Bosworth telephoned Goodwins for an explanation and a person who claimed he was Philip Goodwin said he left such trivial matters to his secretary.
“I told him I was taking action in the matter without delay,” said Mr. Bosworth. In February Mr. Bosworth obtained an order for £909 17s. 6d. against Goodwins.
In cross-examination Mr. Bosworth said his first claim was for £2,350 – the amount he estimated was owing to him. But later it was reduced to £1,094 afterh is wife had sworn an affidavit, “I received judgment for £909 17s. 6d.”
Mr. Reginald Biddle, an estate agent, of Neville-avenue, Hove, said he served a writ on Goodman at Lancing on December 6th. Goodman told him that he had been expecting it but added that he did not owe the amount shown on the writ. Two days later Mr. Biddle served an amended writ.
‘£22,500 advanced’
Mr. Leslie Goode, of Pilkington-avenue, Sutton Coldfield, secretary of Birmingham Citizens Building Society, said £22,500 had been advanced to Mrs. Bosworth on April 11th, 1949, for the purchase of 46 houses in Harrow Weald on the security of those houses. The mortgage repayments were to be made by Messrs. P. E. Goodwins on behalf of Mrs. Bosworth. The last repayment had been made in July 1954. Arrears amounted to £650; the total which should have been paid up to December 1956 was £1,788.
Mr. Julian Ferrari, of Paddmack-street, London N.W., a partner in a Harrow firm of surveyors, estate agents and valuers, said he was responsible for collecting the rents of the houses and accounting for them to Messrs. P. E. Goodwins. He had never met Goodman but had spoken to him on the telephone.
Mr. William Arthur Theobald, of Tudor-avenue, Watford, a revenue officer with the Colne Valley Water Company, told the court he was responsible for collecting the water rates, and that the last cheque from Goodwins had been paid into the bank on May 10th, 1955. After that the rates had been paid by the tenants.
Mr. Norman Shine, of Ross Court-mansions, London S.W.1., told how Goodman had received a cheque for £400 from Anglo Continental Clubs Ltd., for a property deal. Later, however, it “fell through” and Mr. Shine telephoned Goodman and implied that he was going to inform the police unless the money was repaid. At a later meeting Goodman offered to pay £50 a week but “nothing turned up.”
“I wrote a letter to Goodman but I did not hear from him again,” said Mr. Shine. He did, however, receive a telephone message from Mrs. Goodman and in due course a cheque for £50 arrived. “Nothing further was paid,” said Mr. Shine, “and I gained judgment against Mr. and Mrs. Goodman for the balance. Then he told me he was an undischarged bankrupt and that the business was in his wife’s name.”
Mr. Augustus Frederick Thomas, of Headstone-gardens, North Harrow, a departmental manager with John Buckley (London) Ltd., said that somone calling himself Goodman telephoned him on December 13th with an order for wines and spirits. This order was delivered to Lancing as requested. It was on credit. Three further orders were made through his department. “He never told me he was an undischarged bankrupt,” said Mr. Thomas.
‘I’LL LOOK INTO IT’
Miss Beryl Lucas, of Cowley, Middlesex, became Goodman’s secretary some 18 months after starting work with the firm in 1949. “I prepared the statements to be sent to Mrs. Bosworth and up to the middle of 1954 those statements were sent,” said Miss Lucas. Later, however, when she pointed out how much was due to Mrs. Bosworth, Goodman used to say: “I will look into that.” Since 1954 the statements had been filed.
Mr. Charles Goldwater, of Cedars-close, Hendon, a solicitor representing the National Bank, said he had taken steps to recover from Mrs. Goodman the sum of £144 4s. 4d. but had received no answer from two letters. Goodman, in a telephone conversation, said he would settle up in four weeks but he did not. Mr. Goldwater obtained judgment against Mrs. Goodman.
Other evidence was given by Mr. Eric Cropper, of Ilex-way, Goring, clerk in charge of the District Bank, Worthing; Mr. Reginald Burke, of Solihull, Birmingham; Mr. Wilfred John Burke, of Four Oaks, Sutton Coldfield, estate agent; Mr. Derek Thacker, of Downs-road, Seaford, a solicitor; Mr. John Eddison, of Portland-road, Bromley, a managing clerk; Mr. Frederick Charles Lock, of Tankerton, assistant accountant at National Bank; Mr. Martin Hanson, South-lane, Ferring, accountant at Midland Bank; Peter Fitzsimmons, Montpelier-crescent, Brighton, County Court clerk; and Inspector W. S. Bevan, of Shoreham.
(Worthing Gazette, 9th October 1957)
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