A PROMISSORY NOTE.

Dominion, Volume 2, Issue 569, 26 July 1909, Page 11

A PROMISSORY NOTE.

— ( CASE AT HASTINGS. •■'v:-Wi'i '■ -;(By Telegraph—Press Association.) . : \ ' , Hastings, July 23 ■ filiecifosistraitj's ■M'.Oartliy^ ■ fi.M., : gave reserved judgment in tho caseof -Robert Nairn v. AJfrdd Amory George, ■ involving a claim, of. £13(3, • amount; 0f...a dishonoured, promissory noto,(iwhich ,plaintiff ' .. alleged to have been : lost. , : ; l ) iainiiff was i wilv'^''ling::to' giyo defendant • the custo.-nary inv; : -y ; . : The facts shortly aro that one Corry, a ■ balkier, built -for 4 defendant a;, shop, and l dp-%-fX feiidailt gave Corry' the promissory note m question. Corry, shortly after; tho . transac- :• tion, was adjudged. bankrupt, and the - : Deputy-Official Assignco assigned to plaintiff 1 bankrupt'sbook '/debts, ' including . the debt ' due by defendant to bankrupt...Tbo promissory iwto came into the hands of the Deputy- • Official ■Assignee, ; and, it is . alleged, was ' > : ■ ftoion from his office. Tlioro is BO proof that ' the stolen note was ever endorsed by banli- ■ jupt or the, assignee. • ''The 1 magistrate said: the question for deci6iok was whether, tliero being no proof that the' bill was endorsed 1 or that a deed ,of as- • i- sigmnent' was given to defendant, .the; ;■ 1 plaintiff could succced. The Bills of '>■■■■ Exchange Act did not apply in this case. "Hciwevcr, nothing could bo clearer than that ' ' the debt had been assigned to plaintiff. • Two ■ remedies: were opon - toplaintiff. He '.vcould join the assigneeas ; plaintiff,■ or no conld amend the proceedings byv.making a : statement of claim for the debt d-ue by %■■defendant to bankrupt estate instead : of on • the* promissory note. • ..Plaintiff was nonsuited on the present proceedings. :■ The defenoo was ; not'..a denial; it was without any merits, ■ ; Bnd' judgment .would ;be silent as .to coats. ;.