Bank of Nova Scotia v Donelan

• Jurisdiction: Grenada
• Judge: Nedd C.J.
• Judgment Date: 23 September 1983
• Neutral Citation: GD 1983 HC 9
• Docket Number: 48 of 1982
• Court: High Court (Grenada)
• Date: 23 September 1983

High Court

Nedd, C.J.

48 of 1982

Bank of Nova Scotia

and

Donelan

Appearances:

D. Lalsee for C.W.J. Bristol for Plaintiff.

Defendant in Person.

Contract - Debt — Part payment — Judgment for plaintiff for outstanding amount.

Nedd C.J.

1 The plaintiff claims $8,578.73 being the balance of money due and owing on a Promissory Note dated 31st October, 1978.

2 Paragraphs 1 to 7 of the Statement of Claim set out the facts upon which the plaintiff's claim is based. The defendant at paragraph 1 of his defence admits the facts averred by the plaintiff. In spite of this, the defendant goes on to plead that he offered to “purchase” for $3,000 the mini-bus for the original purchase of which the promissory note had been given and which had been seized under a Bill of Sale executed by the defendant at the time he gave the promissory note. The $3,000 according to paragraph 4 of his defence was to be in full settlement of his...