SUPREME COURT.

Taranaki Daily News, 26 March 1920, Page 5

SUPREME COURT.

RESERVED JUDGMENT. Mr. Justice Rim lias given judgment in the case of the New Zealand Loan and Mercantile Asfency Cn. Ltd (Stratford) v. Robert Willis, in which the plaintifl's claimed the sum of ;6400 and interest thereon at the rate of eight per cent , on account of a gurantee entered into by defendant on behalf of his brother, George Edward Willis, of IvoIniratahi. Plaintiffs made advances to Willis from time to time. Willis is now dead and the indebtedness of his estate to the plaintiff company was £IOO2 2s fid, and they therefore claimed on defendant up to the amount payable under his guarantee. The defence set up was that defendant had been discharged from his liability, and this was held cm two grounds. Firstly, that, the advances agreed, to be made to fleorge Willis were to be for the sole purpose of stocking a particular farm, and that advances had been made to him for other purposes, and the agreement therefore had been broken. The other ground was that a condition of the guarantee was that, the advances made to fieorge Willis should be limited to £1(100, and that bv exceeding that su;n a. breach had been committed. After reviewing the evidence and considering the authorities submitted by counsel. His Honor nave judgment for plaintiffs for the full amount claimed, holdimr that, defendant had failed to established that he had heen discharged from liability under the guarantee. Costs were allowed on the middle scale. At the hearing. Mr. A. H. Johnstone (with him Mr. L. M. Moss) appeared for plaintiffs, and Mr, T. Neive (Wellington) for the defendant.