LEGAL ARGUMENT

Poverty Bay Herald, Volume LIX, Issue 17956, 7 December 1932, Page 8

LEGAL ARGUMENT

GLAIM AGAINST BANK PLAINTIFF’S SUBMISSIONS (Special to the Herald.) WELLINGTON, tliis day. Legal argument, was heard, to-day before' Air. Justice MacGregor in the action of Lysnar versus-•-the National Bank, and 'the eounter-action by the defendants.- . v • ..Lysnar applied for a decree that the offer of the" East Const Commissioner to himself on April- 29, 1931. which ’ was submitted to and approved .by-the.-bank, together with tj.io letter -of the defend, a lit bank of May 1, formed a- complete contract -between the plaintiff and tho defendant. Ho also asked'for a decree that- a second coiitracj was the plaintiff’s acceptance on Alav 1 of the commis-sioner's-offer of April -29. The plaintiff ; pointed-out that in several instances the del'e.nco Was u simplo denial, which lie contended ' was not Sufficient, and that the defendant should have.placed before the court the facts on which the. denial was based. -At this stage. .Mr. Lysnar intimated that he did-.not propose to. call a,..witness who was in court .for. the purposes of . giving rebuttal evidence. He could, therefore, lie released.

Counsel for the, defendant said he also bad another .witness for ~a similar purpose who would not now be required. l\,lr. Lysnar: The nigger in the woodpile'. His Honor: There are two of them, you know. Mr. .Lysfiar submitted that the letter sent by Mr. Grose to the manager of the Gisborne branch -of the bank on May 2 was an admission of a contract. Replying-to the nonsuit, points raised by the" defence, Mr. Lysnar- said the bank had failed te show that there was no enforceable' contract; It had been claimed that there was no consideration, but he contended that tiie consideration was that the hank was te pet ;v new mortgage over tho deeds, of the hack portion of the. estate. He also replied at some length on legal..points. .(Proceeding.)