REPAYMENT OF LOAN.

New Zealand Herald, Volume LXIII, Issue 19230, 20 January 1926, Page 12

REPAYMENT OF LOAN.

DAIRY COMPANY SUED. RESPONSIBILITY ALLEGED. [bx telegraph. —ows cohrestonden't.] HAMILTON, Tuesday. A claim by Thomas J. W. Buxton (Mr. Strang) to recover £72 lis from the Waikato Valley Dairy Company, Ltd. (Mr. Tompkins), was heard in the Hamilton Magistrate's Court before Mr. Wyvern Wilson, S.M. Mr. Strang explained that the sum claimed represented tho portion still unpaid, with' interest, of a loan of £2OO made by tho plaintiff to Mrs. T. R. Wallaco in 1923. The money was claimed from the company and not from Mrs. Wallaco by virtue of certain correspondence between Buxton and the company. Tho evidence of Buxton and his wife had been taken in Auckland, but all the material evidence was in writing. The secretary of the Dairy Company had forwarded a cheque for £IOO as part paymont of the loan to Mrs. Wallace. Later a cheque for £SO was sent with a letter by the secretary of the company asking that Mrs. Wallaco be allowed further time in which to pay the remaining £SO, and stating: " We will see that you get it." This was an unequivocal promise to pay, said Mr. Strang. The defence was that the letter was not sufficient to constitute a guarantee, and if it was it was not accepted by tho plaintiffs. The tono of tho letter showed that Mrs. Wallace had asked tho company to stop the money from her oream cheque and forward it to Buxton. The company had received no intimation from Buxton that he accepted their offer. The magistrate said he would give a written decision.