A PROMISSORY NOTE.

Poverty Bay Herald, Volume XLI, Issue 13374, 7 May 1914, Page 3

A PROMISSORY NOTE.

A promissory note for £112 4s,' together with interest £1 2s Ad., . was tne subject of a civil action at the Magistrate's Coiirt thia afternoon, before. Mr R. S. Florence, 8. M., when the amount m question was claimed by Thos. George Lawless (Mr J. Blair) against Edward Oaks (Mr J. Dawson). The promissory note m question was given by H. Anderson, whose business and liabilities were purchased by defendant. The matter resolved itself largely into one of legal argument. Mr Blair, m opening, explained that m December last <letendant bought Anderson's business, taking over the assets and accepting certain liabilities, including the promissory note m question. Anderson owed plaintiff £112 4s, and plaintiff owed Anderson £33 12s' on a promissory note, and "a few pounds m respect of certain purchases. Counsel contended that the effect of the deed entered into between Anderson and Oaks was that the retiring owner should pass on the liability for the - promissory note to defendant, and that all that was required waa that defendant should inform Lawless. This he did a few days after, when defendant intimated he would discharge the debt. Lawless agreed to accept Oaks. The latter discussed the ! re-payment, and solicited plaintiffs business, which waa continued. Subsequently defendant wrote, intimating - that plaintiff would have to look to Anderson for payment. The promissory note was lodged at the bank before the business was assigned, but it wag not met. It was only to-day that plaintiff learned that the bank account m the name of Anderson was got taken or«r In the business. jC*we proceeding.)-