CLAIM AND COUNTER-CLAIM.

New Zealand Herald, Volume LVIII, Issue 17844, 27 July 1921, Page 5

CLAIM AND COUNTER-CLAIM.

PROMISSORY NOTE AND DEPOSIT. Reserved judgment was given in the Magistrate's Court yesterday by Mr. W. R. McKean, S.M., in the case in which John Clancey (Mr. Still well) claimed from Angus Otto Hans Smith (Mr. Inder) the sum of £39 2s, amount of a promissory note given by defendant. The promissory note was made payable at the Nation il Bank of New Zealand at Auckland, but in the absence of evidence of presentment the plaintiff must be non-suited. The defendant counter-claimed for £20, amount of deposit paid on signing an agreement for the sale and purchase of a farm at Lower Hutt for £1300 as a going ; concern. This agreement was subsequently found by the defendant to be contrary tj the provisions of the Soldiers' Settlement Act and unenforceable. The plaintiff's evidence with regard to this agreement was not supported by the evidence of Mr. Watts, of the soldiers' branch of the Lands Office, who said he had informed the plaintiff that he could not transfer or get paid for goodwill, but could get the value of his improvements. Plaintiff was thus, according to Mr. Watts, satisfied to take the value of his improvements and arrangements were then made for a valuation of the improvements and for the surrender by plaintiff of his lease, which was to be allotted to the defendant, loaded with the value of improvements. The improvements were afterwards paid for out of moneys advanced to defendant through the soldiers' settlement branch. As the agreement was unenforceable, the defendant was entitled to a refund of his deposit, which was £10. A further payment of £10 was made, but this was probably not a payment under the original agreement. Judgment was given for defendant for £10 and costs on claim and counter-claim.