CLAIM SUCCEEDS.

Wairarapa Age, 16 March 1933, Page 7

CLAIM SUCCEEDS.

PROMISSORY NOTES CASE AT CHRISTCHURCH.

AN UNSATISFACTORY WITNESS.

CHRISTCHURCH, March 15.

Reserved judgment in the case of 'Cooper and Pryce, Ltd., motor body builders, v. .Royds Bros., and Kirk, Ltd., merchants, was delivered by His Honour Mr. Justice Blair to-day in 'favour of the plaintiff for the full amount, £2649, less £4OO paid in instalments. His Honour said that some of the evidence for the defence was unsatisfactory. The statement of claim stated that the plaintiff was the holder and payee of four promissory notes presented for payment and dishonoured. Plaintiff was also allowed interest on the amount claim at the legal rate and costs.

His Honour said that Yates was the defendant’s agent where the last three bills were concerned, and the liability of the defendant was clear. In regard to the first bill he was satisfied that a conference between Royds and Yates did take place despite the evidence of Royds, who was not a satisfactory witness. At the time there must have been a continuous need for conferences, and the dishonouring of the bill must have been a matter of grave importance to Royd’s firm. His Honour added: “Further, I am not content to accept the istatement of Royds that all he gave the plaintiffs was '4l pious hope’ of ultimate payment. lam sure an actual promise to pay was made.’’ —(P.A.)