CLAIM ON ESTATE.

Auckland Star, Volume LXX, Issue 128, 2 June 1939, Page 8

CLAIM ON ESTATE.

QUESTION Or OLD DEBT.

Suit for the recovery of £."103 0/1 by Arthur Yiite* and Company, Limited, need merchants (Meaxr*. Henry and ThwiiiteM) from administrators of the i«t»te of the late John Milton Whitham, farmer, of Waiukii (Mr. Sexton) was heard before Mr. Justice Cilllun in the Mupreme Court today.

Mr. llnnry en id tho debt wan an old t>nn. dating lm<k before 1027. nnd tho Html delivery of go. id* was in February, ll)3O. The liiof payment on arrmint wan in Mareh, loai. " A deninl of liability Wll » ~,1,* «, ' l on the utatue <>f limitationi, tlui iK.foiint heinjr more than oix years «M. Plaintiflf had roneorninj» the »opn«nt, nnd roceived a "• — from Mr. Whitham in .lime, 10.1.nnd .mother from Mr«. Whitham in May l»38 (when Mr. Whitham wa, in ♦he Infirmary), which the plaintiff held ♦<> be Implied neknowWsnnpnU of the flent.

After evidence bnrt born given on the lines of Mr. Henry , * statement. Mr !»e\ton mnM th.< defence rested on the statute bar, without calling ovi<t«n<v In re-pert to »|,e terms of the letters', tin- (Irten.Luit* submitted that they did not iimount t<. lojjul acknowledgment of liability, After having heiird lepw! argument on '!><■ point* rained, hie Honor reserved his ■ - i ;■• it >n.