A £250 CLAIM.

Taranaki Daily News, 22 September 1920, Page 5

A £250 CLAIM.

BASIS: PROMISSORY NOTE. THE PLAINTIFF NON-SUITED.' A judgment of Mr. Justice Hot?king ii] respect of the civil action which was brought "by Percy Arthur Hndley, of Auckland, company manager (Mr. M. Myers), against George William Mister, of .Wellington, merchant, and John Pat' terson Newman, of Timaru, company manager (Mr. A. W. Blair), was read by the registrar at the Supreme Court at Wellington on Mondttv. • The statement of claim alleged that on May 9, 1917, the plaintiff sold to the defendant Newman, through the defendant Minter, a one-fortieth interest in an option for £SOO, payable as to £250 in cash and as to the balance by a pro\ missorv note of Newman's in favor of Minter, due on May 9, 1918, and subsequently extended to September 4, 1918. It was also'alleged that the share was subject to a liability for contribution towards the expenses Incidental to the option, and in virtue thereof £8 13s 4d was due. A sum of £2OO was claimed "in respect of the promissory note referred to," the sum of' £S 13s 4d, and a further sum of £23 Is 2d for interest from May 9, 1917, to October 25, 1918. In the' course of his judgment, his Honor reviewed the evidence at length, and held that a defence of "set off" was available at the date of hearing of the action. He therefore non-suited the plaintiff, with costs on the middle scale.