BUYING A LAUNCH.

Auckland Star, Volume LII, Issue 215, 9 September 1921, Page 7

BUYING A LAUNCH.

A NONSUIT ENTERED. The case brought by Mr*. Eileen Kate Nester Adams (Mr. J. F. W. Dickson, f . instructed by Earl, Kent, and llassey) against Peter A. Smith (Mr. Leary) lasted until late yesterday afternoon. Th<; claim was to recover £150 alleged to ■be due for the hull of one launch and the engine of another, which it was stated had been sold to defendant. The defence was that the launch Ethel W. and the hull of the launch Defender had been exchanged for the launch Konwtinui. In addressing the Court at the conclusion of the evidence, Mr. Leary emphasised the point that some eighteen months had elapsed since the deal had taken place. He contended that plaintiff must be nonsuited on the facts as disclosed.

Mr. Dickson pointed out that witnesses for the plaintiff were not personally interested in the result of the ease, whereas defendant was naturally very much interested. He claimed that defendant if held not to be liable for the amount claimed had received £370 worth for a vessel he had bought for a. much less sum.

Mr. Poynton said it was a case for a nonsuit, and quoted the dictum of Lord Chief Justice Coke: "Stale claims must be regarded with suspicion, and required to be supported with stronger evidence."

Mr. Dickson elected to accept the nonsuit, costs being allowed defendant.