DUTY OF DEBTORS.

Auckland Star, Volume LIX, Issue 223, 20 September 1928, Page 7

DUTY OF DEBTORS.

TO SEEK OUT CREDITOR. LEGAL POINT EXPLAINED. "It is the debtor's duty to seek out the creditor and pay his debt," said Mr. J. S. Barton. S.M., in giving judgment in a small but interesting dispute at Hawera. A. L. Palmer, saddler, of Hawera, sued to recover 5/ from A. Linkliorn, baker, of Hawera. The circumstances giving rise to the action were that plaintiff had issued a summons for a debt of £1 14/6 and ijflt amount was paid into Court, but def™dant declined to pay the Court costs of 5/. Defendant's attitude, as explained by counsel, was that the summons had been unnecessary as the account would have been paid had a statement been supplied. Defendant had received an "account rendered" note, but had not received a full statement of account, though he had asked for it on receipt of the "account rendered" memo. It was not until after the summons had been issued that plaintiff had supplied the particulars. The amount was then paid into Court immediately. The magistrate made it clear that while it is the usual custom in business to render statements of account it is not at law a condition of the right to sue for debt that a statement should have previously been rendered by the ci editor to the debtor. Judgment was given for 5/> with 5/ costs.