SUPREME COURT

Greymouth Evening Star, 20 March 1922, Page 7

SUPREME COURT

— — 110KIT1KA SITTING S. (Special to the Star.) HOKITIKA, This Day. The Supreme Court sitting before Mr. Justice Adams commenced this morning. Before opening, Mr. Park, on behalf of the Bar, welcomed the Judge to Hokitika and offered the heartiest co-operation of the Bar. Justice Adams thanked Mr Park and members of the Bar for their kindly welcome, especially coming from Mr| Park, with whom he was associated in his early days. Fie hoped during the tenure of his office not to disappoint tho Bar and all litigants.

1 A DISHONOURED NOTE. J. 11. AVilson v. Digger’s Sawmilling and J. D. .Lynch. -Mr. Park who appeared for the Diggers Sawmilling Coy., claiming £4OB, tho l- value of a dishonoured note, stated that the' Diggers Sawmilling Co., had settled the case with r Mr. Wilson. Air. J. Hannan, who appeared for Mr. J. D. Lynch, said that this was the first he had beard of the settlement, and asked for costs. i Air. Park asked that all parties pay their own costs. ALr Hannan said that one of the defendants was the maker of the promissory note and the other the eni dorscr. Air. Park said that the bill was dishonoured, so both parties were ' sued. Air. Hannan asked fur judgment for Air. Lynch, one of the defendants. Air. Lynch was put to the expense of com-

ing to Hokitika and engaging jnzs lawyers. His Honour said that the onus lay upon Air. Park to show that the case should not proceed. His Honour said that the question was whether the defendant, J. lf>. Lynch, was entitled to full costs. Mr. Park asked that the matter be held over till the next case is heard. This His Honour agreed to. Martha Alison v. Biggers Sawmilling Coy., and J. D. Lynch, claiming £4OB, the value of a dishonoured promissory note. The following jury were empanelled:—Geo. Baine, .1. Knowles, W. 11. Shannon, and J. A. King. J. A. King was chosen foreman. Mr. Joyce, who appeared for Mrs. Alison, said that the Diggers Sawmilling Coy. repudiated the responsibility for the promissory note but the coy. had used its rubber stamp on it. He alleged that Mrs. Alison advanced to J. 1). Lynch the sum of £5OO, but not being able to meet the amount, tendered the promissory note of the Diggers Sawmilling Coy. for £4OO. Martha Ellen Alison said that she was asked bv Mr. Alison to loan Air. Lynch £soo"in April, 1921. She advanced that amount, drawing it from the Post Office Savings Bank. Air. Lynch said he would give it her back at the end of the month. “There was no conversation about it. I did not go into details about it. I always leave my business to my husband. At the end of the month Air. Lynch could not pay it. I pressed every month for payment and in July Mr. Lynch paid £5 15s interest. In August he gave me a promissory note on the Diggers Coy. for £4OO. He also gave me a promissory note of £lOO of Air. Alorgan’s. One £2O promissory note of Alorgan’s has been paid. I hold the balance of Alorgan’s promissory notes. The £5OO advanced by me to Air. Lynch, less £2O, is" still due to me." To Mr. Park: “I got the promissory note from my husband. He said that the Diggers’ Coy. would pay it. Air. Lynch had said that. I don’t know why the note was not presented till two months after the due day. My husband does all my business for me.” To His Honour': “The notes were in the house in charge of my husband.’ To Air. Park: “I don’t know why the note was not presented on ihe due date. I diave seen Air. Stoop m Air. Lynch’s office. I issued the writ because the bill was not paid at my husband’s advice. Aly husband did not tell me that Air. Lynch was also Hable to pay the bill. I noticed the names on the back of the bill. I asked my husband to press Air. Lynch for payment. Aly husband got the, interest. I don’t know from whom.” To Mr. Joyce: “I think it was August when I got the bills. 1 understood that the Diggers Coy. and Mr. Aforgan would pay me when the bills became .clue.” . . Edward Thomas Stoop said that he received a subpoena, to produce the articles "of association and the memorandum of association. The directors are Andrew Wells, Harry Wells, Robert Stuart, William P. Boy@, EdThomas Stoop and the secretary, Ed. T. Stoop.. The books and seal were produced. Most cheques and promissory notes are impressed, with the stamp.' The promissory note prduced was given by the Diggers Coy. There

is no minute authorising me to give the note. He had the most to do with the financial part of the business. Il he considered it was right he, paid cheques and gave notes. ' The directors looked to me lo look after the financial side. I know the promissory note produced has not been paid by Mr. Murdoch. 1 have been secretary for two years. The company is composed entirely of returned soldiers. 1 htfd been in the employ of J. I). Lynch trading as 3fark Sprot and Co. for seven years. 1 joined the firm ten years ago and after an absence of three years 1 re-joined the firm. Mr. Lynch and jiis accountant, Mr. Rose; asked

me to hand over the promissory note. The Diggers’ Sawmilling Coy. were selling their timber to Lynch, ami if at any time the Diggers’ Co. had a large amount of shipment they obtained an advance from Lynch by cheque. Chi this occasion we had a large quantity of timber, but 31 r. Lynch statecr he was not in a position to pay in advance. 'The timber was sold to him. The custom was to make advances n required. In this case the timber was cut at Lynch's order and was on the skids awaiting delivery, and sola to Lynch, and according to the sizes oidered by Lynch. On this occasion we adopted the extraordinary method of accepting a promissory note instead of a cheque. The currency of the note was two months. This was done at 31r. Lynch’s request. 1 was shipping clerk at 31r. Lynch’s office. 31 r. Lynch asked me for the promissory note, which he had given me to hold for security. It was given as security, and not, as payment of any account.

311. Lynch promised that the firm would Hold the note and not give it io anyone else. The promissory note was never entered in the Company's • books. (Proceeding.)