Guarantor Sued for Payment Behalf of Deceased Friend 'The case of a guarantor called pon' to pay nearly'" two years Ret the' death of the debtor, was, hetero his Houow Judge Gfain gertevday, when Chinese ued air W. E. Feld for 90%, Balance. due under a judgment of the Bopreme Court, fe. J. G,. Pviestwood appeared for plaintiff, Kno Siaoyen,, who ave evidence that his claim for $1e7 was before the court in 1920, Gefendant being Mr. W. A Ellis The euge wan adjourned tine die upon Afr, Field undertaking to be marantor for the debt, aid Mr.
lis-afterwards repaid' $180, Dofendant—Mr. Bills died months ago.
Ellis 18 Sir. Priesiwood—But that does not act your position na. guar THis Honour, observing that the cate vas 0, somewhat uncommon one, ailed that ordinarily a guarfantor could not be called upon if it'were shown that plaintiff had minted any opportunity of obtaining his money from the principal no proceedings were taken against r. Brietwood admitted hat Hie! Tis after defendant became guarantor. 'The man died with ut any assets, Defendant told his Honour that signed: the guaranty request of- Mr. Priestwood. who, Spon finding that' nothing. could got from Mr. of Mra. Bil went to him at the bad court and asked him tobe guar futer, saying "Ellis is. your Friend and you don't want to ses him goto prison, After lot of pesaasion, tion consented that it' would not affect all, that it was g matter form. "When, "12. "months later, the instalments were not bein Kept up and witness was calles pon to pay, he spoke to Mr. Priestwood, who said "Tam not worrying about Ellis. Te ig up to you, You are guarantor." He made no attempt to get the money. from Ellis, Honour—Tt may be unfort-nate for you, but the document isa clear and simple one and you have admitted your signature.
Mr. Priestwood—T- must dis: Gaim any notion of having told Gefendant that he was not table under this written document, Defendant offered to pay at the rate of $10, and plai asked for $50, his Honour event-ally making an order for the amount, claimed, with costs, to be paid in monthly i of #0, Yams, May 1—The liste of candidates for the conning elec Higna cempvire 2.764" navoen Rewer.
Text read from the printed page and cleaned; old type leaves the occasional error.
