APPEAL ALLOWED
PROMISSORY NOTE CASE
PROOF OF ENDORSEMENT "In the circumstances, it is quite plain that the magistrate should have non-suited,” said Mr. Justice Stringer in the Supreme Court yesterday, when upholding an appeal. The appeal was brought by Thomas A. Fraser against the decision of Mr. F. K. Hunt, S.M., who had given judgment against him for £24 on the application of the Public Trustee as executor of the estate of Lazarus Woolf Balliind. The appellant was sued as the endorser of a promissory note, and tho appeal was on the grounds that the signature of the endorser had not been proved, or that due notice of dishonour had been given. In directing that the case be referred back to the magistrate with instructions to enter judgment for a non-suit with costs, his Honour said the plaintiff did not prove the endorsement, that it had been presented for payment, or that there had ever been any notice of dishonour. The appeal was allowed with £7 7s costs.
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https://paperspast.natlib.govt.nz/newspapers/SUNAK19271019.2.126
Bibliographic details
Sun (Auckland), Volume I, Issue 179, 19 October 1927, Page 13
Word Count
168APPEAL ALLOWED Sun (Auckland), Volume I, Issue 179, 19 October 1927, Page 13
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