PLAINTIFF SUCCEEDS
PROMISSORY NOTES CASE
(By Telesrraph.—Press Association.): - ■ CHRISTCHURCH, This Day. Reserved judgment in the case of Cooper andPryce, Ltd., motor body builders, v. Boyds Bros, and Kirk, Ltd., merchants, was delivered by his Honour Mr. Justice Blair today in favour of the plaintiff f6r the full amount, £2649, .less £400 paid in instalments. His Honour said that some of the evidence for the defence was unsatisfactory. \ The statement of claim stated that the plaintiff was the holder and payee of four promissory notes presented for payment and dishonoured. Plaintiff was also allowed interest on the amount claimed at the legal rate and costs.
His Honour said that Tates was the defendant's agent where the last thTee bills were conoerned, and the liability of the defendant .was clear. In regard to the first tp.ll he was satisfied that a conference between Royds and Tates did take place despite the evidence of Royds, who was not a satisfactory -witness. At the time there must have been a continuous need for conferences, and the dishonouring of the bill must have been a matter of grave importance to Koyds's firm.
His Honour added: "Further, I am not content to accept the statement of Boyds that all ho gave the plaintiffs was 'a pious hope' of ultimate payment. I am sure an actual promise to pay was made."
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https://paperspast.natlib.govt.nz/newspapers/EP19330315.2.114
Bibliographic details
Evening Post, Volume CXV, Issue 62, 15 March 1933, Page 10
Word Count
224PLAINTIFF SUCCEEDS Evening Post, Volume CXV, Issue 62, 15 March 1933, Page 10
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