AN APPEAL DISMISSED.

Wairarapa Age, Volume XXXII, Issue 10202, 1 April 1911, Page 7

AN APPEAL DISMISSED.

LIABILITY OF APPELLANT. ! His Honor, Sir Robert Stout, gave judgment yesterday morning in the case of Harris v. Rathbone. an appeal on a point of law from the Magistrate's decision at Masterton. The respondent .sued the appellant for £26 19s Id, being the balance of the price of goods sold and delivered to one Whitehead. The liability of the appellant turned on a guarantee. In pursuance of this guarantee, goods were supplied to a total amount of £44 17s 3d, and in accordance with the usual trade custom and dealing between Whitehead and Rathbone, Rathbone accepted a promissory note, payable three months after date, for the £44 17s sd. It was contended that the laking of this promissory notd discharged the surety. The promissory note was not payed at maturity, but was withdrawn threfl days before maturity, and a sum paid on'account. Another promissory note was taken at three months, and was dishonoured, but a sum of £lO was paid by Harris after the promissory note was dishonoured, and a promissory note was taken for the balanr namely. £32 7s. This promissory no' which fell duo on August 19th, 1907 was dishonoured, and about a year ago another £lO was paid by the appellant to the respondent. His Honor stated that it was plain that a letter written by Harris' wife, who was his agent, acknowledged a debt of at least £5, but the correct amount owing, according to the respondent's reoly, was more than this, and appellant's letter noi only did not repudiate the giving of time to Whitehead, but actually en-' closed Whitehead's promissory note, so tha.t time might be further given him. In the face of this and other letters, and of the oral testimony of both appellant and respondent, his Honor could come to no other conclus- ] ion than that time was given to the j debtor with the consent of the guarantor. The anneal would therefore be) dismissed, with costs amounting to £6 1 £6s. ' i Mr C. A. Pownnll appeared for ap-' pellant, and Mr P. L. Hollings for respondent.