A MORTGAGEE’S ACTION

Hokitika Guardian, 22 July 1925, Page 4

A MORTGAGEE’S ACTION

—«*&» THE JUDGE'S COMMENT. AITKEAND. July IS. “One could understand a profossiona monoylender taking nctiou as plaintil in sucli a case, l>ut with two pailio; situated as these were it is hard 10 mi- [ der.-tand.” said Mr Justice Reed in the I Supreme Court, in giving judgment loi the defendant in an action lor the recovery ol £1 Do as the I ahmre due on a second mortgage for £2l<h Earlier in the proceedings his Honor observed that this claim was the most drasiie thing lie had ever heard 01. That for t!m sake of £1 Os Pd. one working man should try to get another's home was a monstrous tiling. The (lnim was brought by Ruby Irene Rustrii-lt. wife of Frank liastrick. an Auckland City Council labourer. for whom Mr Molmdeu appeared. Defendant, represented by Mr Quartley, was Frederick Molesivorth. a retired man in only moderate ■ircumstanees. and guarantor of a j mortgage for £2lO given by his soli, Erank Molesworth. The. defence to the claim was that in agreement had been entered into concerning payment oi instalments due under the mortgage. Mbs Molesworth. wife ol the mortgagor, stuten in evidence that- one instalment was overdue in February of this year. Her husband had been out of work. M ith her husband she saw Frank Hast lick in Karangahape Road. and lta-trii k agreed iliac, as witness and her husband were going to live in Moiiinsville. he would accept the rent of the house until such time as the arrears were paid otf. , Frederick Molesworth. the del mutant stated that his son instructed him to collect the rent of the house, wmch was let furnished for £2 10s per week, and to- hand it on to Rastrick On March 7th. Rastrick complained to witness that an instalment was overdue. Witness told him that the house was let to a good tenant and he would get