PLAINTIFF NONSUITED

Dominion, Volume 13, Issue 307, 21 September 1920, Page 5

PLAINTIFF NONSUITED

CLAIM FOR BALANCE OF MONEYS. Mr. Justice Hosliing's judgment In the - case of Percy Arthur Hadley. of Auckland, j company manager (plaintiff), v, Go.orße t William Mintor, of Wellington, merchant, j and John Patterson Newman, of Timaru, ] company manager (deffjdantsl. heard in 1 Banco at Wellington on September 14, wag , delivered by the Resistrar yesterday The plaintiff olaimed that he sold to the do- ' fendant Newman; through Mlntor. n. fortieth interoßt In an option for £500. nay- i ablo by £250 In cash; a promissory note to ] May 9. 1918, being; <rlvon as balance, by i Nowman in favour of Minter. It was alleged that tho share in tho option was • subject to a liability for contribution to- ( wards tho exnensos incidental'to the op- i Hon, and in virtue thereof the sum of £8 ' 13s. 4d. waß due. Tho plaintiff claimed ( £250 in respect of the p.n.. and £8 13s. 4d., i and £23 Ib. 2d. as Interest from May 9, S 1917, to the dato of the issue of the writ, J October 25, 1918. Minter's defence alleged ] that on behalf of tho plaintiff ho sold t half of one-fortieth share to Nowman for t £250, which waß paid for by crediting it < to the plaintiff on account.. Newman filed ' a defonco denying nil tho plaintiff's allegations, and setting up v hiß own version ' of facts as sufficient to exonerate him from £ liability to Hadloy, f The plaintiff was nonsuited, with costs , on the middlo scalo, tho sum of £15 15s i to bo allowed for tho hearing, this sum i to include tho attendance before His Hou- I our. j , ~. .. t t