A GISBORNE CASE

Evening Post, Volume 55, Issue 55, 3 September 1923, Page 9

A GISBORNE CASE

GUARANTEE DECLARED VOID.

Judgment was given by Mr. Justice Salmond in the case in which Lawrence B. Tullock and . Charles Leonard Tullock, of.Gisbonie, executors in the estate of the late Emma- B. Tullock, and Eunice Arnold proceeded against.Dalgety and Company for a declaration in connection with a guarantee on certain leasehold property. His Honour held that the guarantee was unauthorised by the power of attorney. The defendants, however, claimed that even if the guarantee were invalid, they were entitled to charge the sum of £6200 against Mrs. Tullock's estate by virtue of a mortgage' executed by the deceased and L; B. Tullbck: • Mv; Justice Salmond expressed the opinion that the mortgage was not wide enough in its terms to justify the defendants in so charging Mrs. Tulloek's account. His Honour made a declaration to the effect that the guarantee was null and void, and that Mrs. Tullock's estate was not liable for the debts of L. B. Tullock. In regard to the claim made by Eunice Arnold, his Honour held that this had not been maintained, and he accordingly made a declaration in favour of the defendants. After some argument, Mr. Justice Salmond reserved the question of costs.

At, the Hearing; Sir John Findlay, with him . Mr. J. S. Hanna, appeared for the.plaintiffs, and Mr. C. P. Skerrett, with him Mr. L. I>. Burnard, for the defendant company.