PAYMENT OF GUARANTEE

Sun (Auckland), Volume II, Issue 442, 25 August 1928, Page 15

PAYMENT OF GUARANTEE

CLAIM AGAINST BANK MANAGER FAILS NO CAUSE OF ACTION Press Association. CHRISTCHURCH, Friday. That the statement of claim did not disclose cause for action was the finding of Mr. Justice Adams, who gave his reserved judgment in the case of Henry Digby James, of Greymouth, printer, who claimed £2,500 from Edward Err.*;t Bayly Mabin, bank manager, of Nelson. The statement of claim set out that j when Mabin was manager of the Bank of New South Wales at Greymouth he advised James to guarantee the account of E. J. Rundle and Company, | timber merchants, for amounts total- ! ling £IO,OOO and £27,000. In Sep- j tember last the bank demanded from j James and two other guarantors pay- ‘ ment of £32,000. To secure a release of his liability James paid the bank i £2,500. The company was unable to ; pay that sum to James. He alleged j that to induce him to enter into The j guarantee, Mabin fraudulently and ! falsely represented that the company’s 1 financial position was quite sound. > James said he had discovered since that the representations made to him by Mabin were untrue, and that Mabin’s advice was given negligently, carelessly and recklessly. James, therfore, claimed the sum of £2,500! The question before his Honour was one of law, which was to be dealt with before the trial of the action and it. was: “Does the statement of claim disclose any legal cause of action against the defendant?” His Honour found that the statement of claim did not disclose any cause of action. Defendant was entitled to costs, which he fixed at £26 ss, and disbursements, in addition to costs allowed on the summons. At the hearing Mr. J. A. Murdoch, with him Mr. J. W. Hannan, appeared for plaintiff, and Mr. M. Myers, K.C., with him Mr. W. F. Ward, ‘for defen- i dune. |

at the wharf. Given fine weather a large number of Rugby enthusiasts should accompany the team. EVENLY MATCHED TEAMS PLAY EXTRA TIME, BUT NO FINALITY REACHED ROLLER MILLS SHIELD (From Our Own Correspondent) F AERO A, To-day. Keen competition is being shown in the Roller Mills Shield matches. Yesterday afternoon, Thames Valley and Auckland A teams met in the play-off to decide the winner of the section. So even was the play that after playing full time out, neither side could claim victory. At the final whistle, a. try had been registered by both sides. As it was necessary that a clear-cut win should be secured by one side or the other, two extra, rounds of seven minutes each were played. However, no finality could be reached as neither line was crossed during the extra period of play, and the game was suspended. This is the second occasion on which these two teams have played drawn games. The final game will be played to-day. WAIHI, To-day. In the divisional semi-finals for the Roller Mills Shield yesterday, Auckland C defeated South Auckland by six points to nil.