A CIVIL ACTION

New Zealand Times, Volume XLVI, Issue 10689, 8 September 1920, Page 6

A CIVIL ACTION

JUDGMENT FOB, PLAINTIFF. Judgment was given by the Chief Justice (Sir Robert Stout), at the Supreme Court, yesterday, in respect of the civil action between the Bristol and Dominion 'e Producers', -Association, Ltd., of Wellington,' merchants (Mr H. E. Evans), and Michael Thomas I Kennelly, of Dunedin, exporter (Mr T. Neave). In this case the plaintiff company sued the-defendant on two distinct causes of action, as follow: (1) For the balance due of advances made—-called in commercial circles a reclamation—which the sale of goods entrusted to the plaintiff for sale did not realise. The amount' claimed was £312 12s 9d. (2) For a sum of £407 7s 6d paid in terras of a guarantee for the defendant at the National Bank of New Zealand, Ltd., iat Dunedin. The defendant filed'a defence denying that any euth was due under the first cause of action, but admitting the claim under' the' second head. He also counter-claimed . for £257 ' Is lid as damages against the plaintiff for having sold, on his account, certain goods at an under-value. In the course of his decision, which was in favour of the pJaintiff for £407 7s 6d (the second oonnt), together with interest at the rate of 6 per cent, as from July 25th, 1919, the Chief Justice pointed out that it was admitted by the defendant j that the sum of £434 12s 2d was due. in all. The counter-claim amounted to £257 Is lid. Even if the first action failed and the counter-claim succeeded, there was still due to the plaintiff an amount of £177 10s 3d. He, therefore, ordersd that this sum of £177 10s 3d be paid into court, to await the final judgment in the action and counterclaim. If within two weeks from the date of judgment, as stated above, the defendant does not pay the 6Um mentioned into court, the plaintiff may move for leave to issue an execution for the sum of £434 12s 2d.