SALE OF MACHINERY.

Auckland Star, Volume LVI, Issue 216, 12 September 1925, Page 9

SALE OF MACHINERY.

CLAIM OK FBOMISSOBY 50T% JUDGMENT FOR DEFENDANTS. In the Magistrate's Court yesterdar afternoon, before Mr. E. C. Oatten, 5Af, Frank Victor Raymond, of Auckland solicitor (Mr. Sexton), sought to recover from R. M. Aitken and Son, machinery dealers (Mr. Ray), the sum of £158 5/. It was alleged by plaintiff that he had? lost the amount claimed through the acceptance by defendants of a promissory note from Tholo, Ltd. (now ia liauidation). for the balance due to Mm, in respect of the sale of certain machine erv, sold by the defendants for him to that company. Plaintiff stated that he had instructed defendants to sell certain dredging machinery at Atranui for £450. It was stipulated "that he should receive half that sum in cash, and security; for the balance. Although he had instructed defendants to obtain security they had failed to do so. and had accepted promissory notes backed by the company's directors. He had them discounted, but the company tvent into liquidation, and all efforts to obtain payment from the comoany or its directors had been of no avail. Defendants stated that the plaintiff had sanctioned the acceptance of pro- ! inissory notes, aid took them "without J making any complaint, and iiad j qi:ectly discounted them. If he had I asked * for security at that time he ] -srould have got it. as the maohinerr had ! not then been delivered. The magistrate said it appeared to j him that defendants had acted in good j faith, axd that they were under no obligation to obtain secirity. PlaintiS himself had sanctioned the acceptance of the promissory notes, and judgment I trould therefore be given ior defendant^ J with, costs.