CLAIM UNDER A GURANTEE
- INVOLVED TRANSACTIONS. V • • The Chief Jußtice (Sir Ttohert Stout) delivered his reserved ludgmsnt in the Supreme Court yesterday moraine in. tho case of the Bristol and Dominion Producers' Afisooiation, Limited (Mr.' H. E. Evans) v. Micnaei Tnui...;. . Dunedin, exporter (Mr. T. Heave). The plaintiif company claimed for-the balance due for advances made, or reclamation on the sale of pooda. £312 12a. 9d„ ani for a further Bum of XW7'7b. 6d„ paid in terms of a guarantee for tho defendant at the National Bank-of New Zea-. land at Dunedin. The defendant denied that any sum was due on reclamation, but admitted the claim under the guarantee. Defendant also counter-claimed for J5257 la. lid. as damngeß for goods fold on hie account at an under value. The plaintiff moved for judgment for £407 7s. 6d.; with costß and interest at 6 per cent., and for leave to issue execution without \. whiting for formal judgment in the action. ' His Honour said that the claim for the'sum of £407 7s. 6d. and interest was admitted, and all that the defendant claimed was the sum of £257 la. lid. He would order V: ilgment for plaintiff for £407 , 7s; 6(1:, with interest thereon at 6 per cfint. from July ''25. 1919. mailing a total of £434 12-?. 2d. Even if the ■■plaintiff failed in the first claim, and the defendant succeeded on the counter ■; claim, there would still be an amount of ■ £177 10b. 3d.,. admittedly due by defendant. -Consequently His Honour .ordered that this Bum bo paid into Court to await the formal judgment in the action and counter-claim.. , '
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Dominion, Volume 13, Issue 296, 8 September 1920, Page 3
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269CLAIM UNDER A GURANTEE Dominion, Volume 13, Issue 296, 8 September 1920, Page 3
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