REPAYMENT OF LOAN.

Hauraki Plains Gazette, Volume XXXIX, Issue 5360, 5 December 1928, Page 2

REPAYMENT OF LOAN.

CASE AT MAGISTRATE’S COURT. DECISION RESERVED. The Magistrate’s Court, Paqroa, was occupied for the greater part of Monday with the hearing off a claim and counter-claim between Jakob Bertelsen (Mr E. A. Porritt) and J- FMontague (Mr W. J. King). Ber.telsen claimed £7O 14s, being a loan of £5O. with interest from October, 1922, and Montague claimed £122 is 3<i for legal work. Mr F. W. Platts, S.M., presided. Mr Porritt explained that in October, 1922, who was practising as a solicitor in Paeroa, approached Bertelsen for the loan of £5O. Bertelsen was paying the bank interest at 7% per cent, on this money. He understood that there was a counter-claim, and to this he wished to raise an objection, as it was nqt in accordance with the Law Practitioners Act, 1908, and therefore c.ould not be used as a weapon.

Mr King said that the point would be cleared as the case developed. Only portion of the counter-claim was for legal work, other items being disbursements on Bertelsen’s account. Mr Porritt raised an objection to this under the same Act, and the point was upheld by the Court, which decided to hear the claim and disallow the counter-claim.

Jakob Bertelsen, in evidence, explained the making of a loan of £5O to J. F. Montague in October, 1922. The money had nc;t been repaid. To Mr King witness said he had written to Montague several times about the loan, but Montague had not acknowledged receipt cf any letters. He could not produce any evidence of his efforts to collect the loan, but had numerous letters op other legal business in connection with- the Paeroa Brewery Co. and the transfer of some land. Since then he had' sodd his shares in the Brewery Company and Mr. Montague had continued to act for the company. To the Court Bertelsen stated that he had hot received a bill of costs from Montague. Outlining the dtefencq, Mr King, admitted that £5O was paid to Montague, not as a loan but as a contribution towards certain costs. Bertelsen had claimed the money in 1922, but not again; yet, in 1928, Mr Carden, acting for Bertelsen, admitted that something was due on account of Costs. Mr King traced a Iqng record of negotiations on behalf of Bertelsep and later on behalf cjf the Paeroa Brewery Co.

These negotiations wqre detailed at length by Montague, who, pointed out that he had' had to pay costs: on actions commenced by him qn account of Bertelsen and the Brewery Company. Witnqss detailed numerous financial dealings in examination by Mr Porritt, who sought to shqw that Montague had been paid for his work.

C. R. Bassett, manager of the Natiqnal Bank of New Zealand, Paeroa, gave evidence of dqalingp between Ber.telsen and Montague. Decision was reserved.