HOUSE-PAINTING CLAIM

Taranaki Daily News, 16 November 1935, Page 2

HOUSE-PAINTING CLAIM

JUDGMENT GIVEN FOR FAMA. Reserved judgment was given for defendant in the Hawera court yesterday by Mr. W. H. Woodward, S.M., in the case in which J. O. Laing (Mr. L. A. Taylor) claimed £2l 7s Id from B. A. Fama (Mr. R. J. O’Dea) for house-paint-ing work done in 1930. Fama alleged that Laing had come in under an assignment for the benefit of creditors entered into in August, 1930, and had. thereby released him from liability. Mr. Woodward reviewed the terfris of the assignment, which was not signed by Laing, the payment of a dividend by the trustees and the low covering assignments.

The intention of the trustees to pay the money as a dividend was apparent to Laing, said Mr. Woodward, and his intention to accept it as such was proved by his keeping it and saying nothing, and by his desisting from making any claim on Fama for years afterwards. His opinion was that under the circumstances, reinforced by the circumstance that Laing for two years before the acceptance of the dividend refrained from suing as if it were his intention to be bound by the deed, Laing is bound by it and by the release it contained.