DISPUTED LOAN

Taranaki Daily News, Volume LIV, Issue 209, 10 May 1912, Page 4

DISPUTED LOAN

UNUSUAL CASE IN COURT. By Telegraph—Press Association. Auckland, Thursday. An unusual case was heard at the Magistrate's Court yesterday morning, before Mr. Kettle, S.M., in which William Ryan sought to recover from James Bull, of Hunterville, £35, alleged to have been lent by the plaintiff. The defence was that the money was a payment of money due by the plaintiff to the defendant. The plaintiff claimed that the money was duly lent to the defendant, and had not been repaid. The- position was that Bull really owed him £35 at the present time, and he owed the defendant £l. Questioned as to the loan, the plaintiff said it often happened at race time that a man would say, "Lend me a 'tenner.'" He often lent money to people. He lent nearly £4OO in Sydney to New Zealanders. He would have lent Bull as much as he wanted that day. The "witness produced his books and showed Bull's account with a balance still due of £35. Mr. Kettle: "This is an absolute waste of time. It is all a question of going into accounts. The Government might s«t up a tribunal to deal with these cases." Mr. Denniston: A sports' court? Mr. Kettle: Yes. Mr. Denniston (to witness): Was it "give" or "lend" us a "tenner" that was said to you? Witness: I could not remember the exact words, but as I owed ihim no money at that time it must have been a loan. Mr. Kettle: It is not suggested it was a gift. The £35, if lent by Ryan, was due as soon as it was handed over. Mr. Kettle said that this was really a matter that should be settled by someone going through the accounts; someone who knew the nature of the business. Mr. MaeCormick said they were piepared to refer the matter to any reputable arbitrator. Mr. Denniston said his client, having been brought to court, wanted to »ee it through, as he had been put to a lot of expense. Mr, MacCarmick: We are prepared to guarantee payment of Bull's expenses, if after an examination of the books it is shown that Mr. Ryan owes him money. Mr. Kettk: Mr. Bull is a J.P. and I take it an honorable man. No doubt both are honorable men, and prepared to pay whatever might be shown to be due by an arbitrator. Mr. Denniston: Certainly, but Mr. Bull '£lo' CS r " an ' s accoun t wrong 1 by _ At this stage proceeSings were l adjourned pending arbitration.