AN INTERESTING ACTION.

Wairarapa Age, 16 March 1927, Page 5

AN INTERESTING ACTION.

CLAIM AGAINST G. H. AND W. D. LYSNAR. JUDGE RESERVES DECISION. GISBORNE, March 15. An interesting action, in which Dorothy Valentine Burnard proceeded against George Henry Lysnar and William Douglas Lysnar for recovery of £3461 and interest, alleged to be due under security given by Lysnars to the 'plaintiff was heard in the Supreme Court to-day before Mr. Justice Ostler. Evidence showed that C. J. Bennett, who subsequently transferred his securities to Mrs. Burnard,* held bills for £5251 and £556 given by George Lysnar, the larger one being endorsed by W. D. Lysnar. Writs were issued for these amounts, but subsequently on security being given by W. D. Lysnar defendants covenanted, to pay £5280 by annual instalments of £lOOO. Plaintiff than purchased Bennett’s securities. Lysnar defaulted several times in teh interest. Noc until April, 1926, did Lysnar pay £1750 on account of principal and interest. When the principal, amounting to £3461 fell due in January, 1927, no further payments were made and in respect of which the present action was concerned. For the defence George Lysnar confessed judgment for defendant with the exception of two small interest items, but W. D. Lysnar contended that he was not the principal debtor, Put throughout had been surety only. He acted as guarantor for his brother’s bills. In that capacity he denied association with George Lysnar in business except this deal, stating that he acted merely as surety and that as plaintiff granted him so much grace in connection with the moneys due under the document, he was released. Decision was reserved. —(P.A.),