DECISION RESERVED

Gisborne Herald, Volume LXVI, Issue 20094, 14 November 1939, Page 11

DECISION RESERVED

CLAIM FOR £IOB2 ADDRESSES COMPLETED Decision was reserved by Mr. Justice Blair in the Supreme Court this morning in the case in which Humphrey Golden O’Sullivan, claimed £IOB2 3s 7d for money lent and interest and services rendered, from his brother, Michael Francis O'Sullivan, a Ruatoria farmer.

The case for the plaintiff was conducted by Mr. D. C. Purdie, instructed by Mr. G. J. Jeune, and Mr. L. T. Burnard, with him Mr. D. W. lies, appeared for the defendant.

The addresses of counsel were completed this morning. Continuing his address, Mr, Purdie quoted several authorities iji support of his contention that letters passing between Jeune and the defendant took the case out of the .statute of limitations. Interest had been paid on all three promissory notes as they fell clue.

Mr. Burnard contended that the letter to which some importance was attached by counsel for the plaintiff gave no implication that it was an unqualified promise to pay. Even in that letter the defendant had asked for an estimate of what it was thought lie had to pay, He contended that the first promissory note was statute barred because no payment had* been made before 1932. Interest was not due on the debt, being only in the nature of damages, and until judgment was given there was nothing owing.