PROMISSORY NOTE ACTION.

Northern Advocate, 21 July 1915, Page 4

PROMISSORY NOTE ACTION.

A DEBTOR'S ADDRESSES

In the Magistrate's Court, Whangarei, yesterday, before Mr E. Page, S.M., C. E. R. Mackesy, sued W. J. Holt, late of Whangarei but now of Auckland, for £167 8s 7d in respect of a dishonoured promissory note. The case was one which had been adjourned and Mr T. H. Steadman for the defendant applied for a further adjournment. In support of the application he produced a letter stating that the debtor was ill.

Counsel for plaintiff objected. He held that the debtor had been in the habit of sending letters purporting to have been written in different parts of New Zealand and had endeavoured to avoid service.

W. E. R. Mackesy, manager for C. E. R. Mackesy, in the course of his evidence said he received a letter from defendant headed Palmerston North, but bearing the Auckland postmark. A short time ago witness saw two men in Queen street, Auckland, who had each received a letter from defendant on the same day. One was headed "Russell" and the other "Whangarei." The postmarks were Ponsonby and Newmarket respectively. Witness also received a telephone message from defendant, who said he was speaking from the Papakura hotel. At the conclusion of the conversation witness rang up the Papakura Hotel and was informed that the telephone had not been used for two hours. He had reason to believe that defendant was In Auckland.

Mr Steadman denied that his client was in Auckland. He had a good defence in the case. The Magistrate refused to further adjourn and gave judgment for £167 8s 7d and costs £11 4s 2d.