INTERESTING ACTION.

Manawatu Standard, Volume XLVII, Issue 92, 16 March 1927, Page 3

INTERESTING ACTION.

CASE HEARD AT GISBORNE. Per Press Association. GISBORNE, March 15. An interesting action in which Dorothy Valentine Burnard proceeded against George Henry Lysnar .and William Douglas Lysnar for the recovery of £3461 am} interest, alleged to be due under security given by the Lysnars to the plaintiff, was heard in the Supreme Court to-day before Mr Justice Ostler. The evidence showed that C. J. Bennett, who subsequently transferred his securities to Mrs Burnard, held bills for £5251 and £556 given by George Lysnar, the larger one being endorsed by W. D. Lysnar. Writs were issued for these amounts, but subsequently on security being given by W. D. Lysnar the defendants covenanted to pay £5280 by annual instalments of £IOOO. Plaintiff then purchased Bennett’s securities, hut Lysnar defaulted several times in the interest, but not until April, 1926, did Lysnar pay £1750 on account of principal and interest. But when principal amounting to £3461 fell due in January, 1927, no further payments were made and in respect of which the present action was concerned. George Lysnar confessed judgment with the exception of two small interest items, but W. D. Lysnar contended that he was not the principal debtor but throughout had been a surety and only acted as guarantor “for his brother’s bills in that capacity. He denied association with George Lysnar in business except in this deal, stating that he acted merely as -surety and that as plaintiff granted him so much | grace in connection with the moneys j due under the document he was released. Decision was reserved.