JUDGMENT AGAINST M.P.

Sun (Auckland), Volume IV, Issue 1043, 6 August 1930, Page 10

JUDGMENT AGAINST M.P.

MR. W. D. LYSNAR SUED GUARANTEE TO BANK Mr. W. D. Lysnar, M.P., figured in a civil case heard before. Mr. E. C. Cutten, yesterday, when judgment was given for plaintiff in an action brought against Mr. Lysnar by the Bank of Australasia (Mr. Bagnall). The defendant, by a deed dated September 22, 1906, agreed with the Bank of Australasia, in consideration of advances to lie made to another person, to guarantee the payment of, and on demand to pay t.o the hank the amount owing in respect of such advances, together with interest and other charges. The account in question was kept alive until November 15, 1928, when ■the bank required that the amount then owing should be paid, and made formal demand on the defendant to pay the sum in accordance with his guarantee. After that date payments were made into the account from time to time until April last, when the balance owing was £97 10s 4d. This amount, with interest, was claimed from Mr. Lysnar. The facts were not disputed, but in defence it was held that the claim was statutebarred. Mr. Lysnar said that no claim was made on him until more than 20 years after the execution of the deed and by that time the guarantee was dead The bank claimed that the defendant. could not he sued until a demand had been made upon him and therefore the statute would not commence to run until a demand was made.