DEBT INCURRED IN U.S.A.

Auckland Star, Volume LVIII, Issue 282, 29 November 1927, Page 9

DEBT INCURRED IN U.S.A.

HAMILTON MAN SUED.

PLAINTIFF NONSUITED.

(By Telegraph.—Own Correspondent.)

HAMILTON, this day.

American law was quoted in an action which came before Mr. Justice Herdman at the Hamilton Supreme Court yesterday afternoon. Plaintiff was the Standard Oil Company of America, and defendant Morton Dugdale Walmsley, drainage engineer, of Hamilton, and formerly a partner of the Guisun Dredging Company of San Franciso, U.S.A. The action was a for a debt of £376 and interest at 7 per cent contracted by defendant company. The defence pleaded the Statute of Limitations, and raised the question of whether portion of a debt paid by one partner in 1921 revived the debt against the other. It was asserted that Walmslev had no personal knowledge of the debt, as he retired from the concern in February, 1919. In giving judgment, his Honor upheld the view that the partnership ceased to exist in 1919, and the payment made by the former partner in 1921 was not made pursuant to authority given by Walmsley, and the latter was not bound thereby. Plaintiff was nonsuited, with costs.