CLAIM OVER A BOND

Hokitika Guardian, 11 December 1924, Page 4

CLAIM OVER A BOND

, insurance: company noxSUITKD. AVKI.I.IXdTOX. Dec. 8. Whether a litigant can lie a judge in hi* own case was the question involved in a civil action, heard before Mr K. Page. S.M.. in the Magistrate's Court last week. Plaint ill's were tin* Mutual Life and Citizens’ Assurance Company. Ltd., and they sought to recover £.71) from Leslie Howard Deiglitoli. plmtograolier of Napier. The statement of claim alleged that the t-omnaiiy look into its employment a canvasser at Gisborne and took a bond from defendant under which the latter was to be liable if tile canvasser did not perform his agreement., or if on the termination of the employment, ally money should be due by the canvasser to the company. It was alleged that the i-anvasser’s employment had terminated and that £BB Ills (ill was due by the canvasser to the company. Tlie company accordingly sued defendant for £7O on account of the canvasser’s alleged indebtedness, such being the amount for which the bond was given. The Imnd in question contained a provision in favour of the company to the elfect that the mere production of a errtil'icate signed by the general secretary or secret ary for the time being of the company, stating tile amount owing should be conclusive evidence as against defendant. Tilt' company declined accordingly to give any particulars of indebtedness and product'll merely a certificate signed by its .secretary at Wellington eertifving to tho indetediipss and asked the (Vmrl to give judgment in its favour on that certificatc.

Ills Worship held that (be certificate signed merely by the secretary at Wellington wa* not the certificate provided for hv Die bond, which, tic said, contemplated tin' certificate of the general secretary or secretary of the company at headquarters in Syilnev. The plnintiff companv was non-suited, defendant being allowed costs amounting to £7 17* (id. The Magistrate expressed the* view that, particular* of indebtedness in fairness should be supplied in claim upon the bond, notwithstanding tilt' provisions of Die bond providing merely for a certificate. Mr T. (’. A. llislon appeared for plnintiff. and Mr R. Kennedy and Mr W. Ileinc lor dcfemlanl.