A QUESTION OF LIABILITY.

Taranaki Daily News, Volume LIV, Issue 40, 9 August 1911, Page 3

A QUESTION OF LIABILITY.

A FA''Of EE AND IIIS' SON'S DEBT. \

( In the Magistrate's Court yesterday, | before Mi'- H. S. Fitzhcrbert, S.M., James Henry QuiHastm, solicitor, sued the Public Trustee, as executor of the estate of the late W. S. Pardy, for £56 Wis, refund of money lent and interest, Mr. Hutchen appeared for plaintiff and : Mr. Johnstone for defendant. The plaintiff stated that on July 2, 1 : 905, plaintiff leffit K. G. Pardy £4O to "help him out o 1 a hole," taking a pfo L missory note for payment on demandy "wiNili interest at 7 per cent. Some time after this R. G. Phrd'y left New Zealan'dl He liad agreed! to give plaintiff an order on his salary as handicapper to the Tkranaki Jockey ©lub, but later he found: that this order" had already been pledged 1 . Subsequently plaintiff saw the lartle W. S. Pardy, father of 11. G.

Pardy, a'nd told him of tlie matter. The father afe.ked plaintiff not to' take proceedings.vsa;ying he would' see that the

money ittis paid. Mr. P/irdy made a similar statement. on a sufeequent occasion, but explained that )te could not pay the money at the time- unless he sold some stores, which he, diid : not wish to do just tlien. As time went on with-

out settlement,, the plaintiff Jhoided to take proceedings against the younger Pardy. He wrote to the fatlnVr' for the son's address. This letter was not produced. On July 21, 100!), Mr;- Pardy, senr., replied that he did not know his son's address, and, further, he did! not wish to know it His daughter, however, had a way f>f communicating: with her brother through a friend unknown to him, and he had therefore asked, her to forward plaintiff's letter to him,, to beg him to send the money, aiid' he hoped a favorably reply would be received by her. " Unfortunately," Mr. Panic's letter continued, "I am not in a positim at present to refund the money, or' ; f

would willingly do so, but rest assuYfld that sooner or later the money will lie. refunded." The plaintiff said he was quite satisfied with that assurance, com sidering that Mr. Partly, senr., had ac; eepted the liability himself, and he ac- 1 cordingly did not proceed against R. G'.. ■ Pardy. Mr. Pardv, senr., died early im the present year, and plaintiff was surprised to find that no provision had been made for payment of this debt. The Public Trustee had declined to pav ' except under an order of the Court..} 'Hence these proceedings. I To Mr. Johnstone: lie understood that I several people were very anxious to si- ' cure R. 0!. I'ardy's address, and apparently he was equally anxious to conceal itNo evidence was called for the defence. Mr. Johnstone argued that the letter I frora Mr. l'ardy did not comprise a:i ' agreement, as the names of the parties thereto were not set out in it, but he abinuforied this on it being shown that the letter had reached Mr. Quilliam through the post in an envelope addressed' fix Mr. W. S. Pardy's handwriting. Tlie second point he made was that the fetter to plaintiff was not a guarantee, But an oii'cr of a guarantee, which I to become 'rinding should have been accepted' by notice to Mr. Pardy. but Mr. Qtiilliam apparently did not notify him to-that effect. It was quite clear that at tftat, time plaintiff looked to the younger Pardy. He argued further

that tlie contract was void on account of-'ite uncertainty. "Sooner or later," according to Webster's dictionary, was "Sonro indefinite time in the future," and' no one was able to say that the time in the mind of Mr. Pardy when he wrote that letter had yet arrived. Lastly, lie contended that W. S. Pardy's letter was not an absolute guarantee that tht* writer would in any event pay this amount. Mr. Huichen- replied to these contentions,. and numerous authorities were citM, liis Worship reserving his decision.