MORTGAGEE WINS CLAIMS

Sun (Auckland), Volume III, Issue 919, 12 March 1930, Page 7

MORTGAGEE WINS CLAIMS

ACTION AGAINST TOWN CLERK Failure to prove an allegation that George Samuel Whiteside, who applied to the Supreme Court yesterday for the enforcement of a mortgage he held from Harry O. Garaway, was an unregistered moneylender, resulted in judgment for the full sum being awarded to the plaintiff. The action was heard by Mr. Justice Ostler. Mr. O. Cooney appeared for Whiteside, and Mr. D. C. Chalmers, of Whakatane. for Garaway. A claim brought by Garaway, who is town clerk of Whakatane, to have the mortgage valued at £470 declared null and void because mortgagee was an unregistered moneylender, was not proceeded with, Mr. Chalmers accepting a non-suit and undertaking to pay costs. The claim by Whiteside for the enforcement of the mortgage was resisted, Caraway’s defence being that the security was not enforceable as the mortgagee was an unrer ; -tered moneylender. Whiteside, in evidence, asserted that 95 per cent, of the money he loaned was through his lawyers, who attended to all details and submitted approved securities to him. The interest rates ranged from 7 per cent, to 10 per cent Suckling and Chalmers, solicitors, of Whakatane, had arranged practically all the advances for him. Under cross-examination, witness said he had made 38 loans over the last 15 years. At this stage the defence was abandoned and judgment was entered for Whiteside for £509 and costs.