SUPREME COURT

Dominion, Volume 9, Issue 2625, 22 November 1915, Page 9

SUPREME COURT

A LOAN OFFICE CASE

BOR-ROWER OBJECTS TO PAY , INTEREST DEMANDED.

"Harsh and unconscionable" were terms usod by a, plaintiff in the Supremo Court on Saturday in describing (in the statement of olaim) a document drawn up by a firm of money-lenders. The matter was ventilated beforo His Honour the Chief Justice (Sir Robert Stout]). The plaintiff was Susan Emma, Timmings, wife of William E. Timmi ngs, of Edinburgh Terrace, Wellington South, while the defendants were tlio South Pacific Mortgage and Deposit Co., Lt'd., money-lenders, of Wellington. Mr. E. G. J'ellicoe appeared for the plaintiff, Mr. H. F. O'Leary representing the defendants. Mrs. Timmings, in like statement of claim, said that in November, 1910, she borrowed £75 from the defendant company, and in return gave a bill of salo over chattels to sccuro £91. She claimed to have paid up to April 7, 1915, a total sum of £9S 155., and to have afterwards tendered (under protest) a sum of £20 in full settlement of further debt. This sum had been refused, the defendant company claiming £25 12s. 6d. under a bailment, which Mrs. Timmings said she had signed on Maxell 18, 1912, without knowledge of its cffect, and which bailment' she said was- harsh and unconscionable. Mrs. Tinimings said she had carried out her agreement to pay 20 per cent, oil the original loan,.and had paid 8 per cent, on overdue instalments. 'She said the defendant company had actually _ been overpaid, and she therefore claimed to redeem the premises, anil also sought ail injunction to restrain defendants from seizing tlio chattels or in any way interfering with them. There was no dispute as to the money which had passed, but tho defendant company claimed that 20 per cent, interest was' payable on overdue instalments as well as upon the original amount duo. The claim was based on this rate of interest.^ After hearing evidence and argument-, His Honour reserved decision. SEQUEL TO A TRAM ACCIDENT. CLAIM FOR DAMAGES. In tlio Supremo Court on Saturday, beforo His Honour Mr. Justice Chapman and a jury of twelve, there was Further hearing of tho case in which Alfred Goodbehere, builder and contractor, and professional vocalist, proceeded against the Wellington City Corporation to recover tho sum of £550 as damages in respect of injuries sustained in a tram accident on August 12, 1915. Mr. M. Myers ai)peared_ for Goodibeherc, while . the City Solicitor (Mr. J. O'Shea) appeared for the corporation. Particulars of tho claim and the defence were published in Saturday's issue. Hearing of evidence was concluded on Saturday afternoon, when the jury found that it was duo to tho action of the tram / conductor that Goodbehere came by the accident. The iury expressed the opinion that Goodbehere was entitled to £100 for general dameigos. His Honour: I tako this to be a- general verdiot for plaintiff for £100. Tho Foreman (Mr. R. Holdsworth): Yes. His Honour: You find there was a l/Teacli of duty on. the part of the conductor? Tho Foreman: Yes. Mr. Myers moved for judgment for the plaintiff accordingly. . Hearing of argument in connection with the motion ivas adjourned to a future date. DIVORCE PROCEEDINCsI TWO UNDEFENDED CASES. Two further undefended divorce petitions were heard in the Supreme Court on Saturday before His Honour the Chief Justice .(Sir Robert Stout). Benjamin Bennett Lyons prayed for dissolution of his marriage with Elizabeth Margaret Mary Lyons, on the ground of her misconduct (admitted) with Owen Pearson, who was joined as co-respondent. Mr. T. M. Wilford appeared for the petitioner, while- Mr. W. I' 1 . Ward appeared for the respondent. A decree nisi was granted with costs against the co-respondent.

Misconduct was also the ground on which Gladys Katharine Hossy sought divorce from William Eessy, to whom sho was married at. Christcburoh in June, 191.0. A decree nisi was graaited with ■ costs against the respondent, tlio petitioner being granted interim custody of the one child of tho marriage. Mr. T. M. Wilford appeared for the petitioner.