SOLDIERS’ MORTGAGES.
TRAFFICKING PROHIBITED. AN IMPORTANT DECISION. Christchurch, May 30. A judgment of the Supreme Court, delivered by Mr. Justice Adams, has the effect of prohibiting civilians from trafficking in soldiers’ mortgages, and declares that such action is illegal. The judgment will affect soldiers’ mortgages throughout New Zealand. The case was one in which Joan Thomas Haseldine sued Edith Amy Milligan (a soldier s widow, on whose property was a soldier’s mortgage,) and Herbert Edwin Lindsay, land agent, Christchurcii, for recession of contract and money paid on account of the purchase and damages. Plaintiff agreed to buy a house from defendant, through her agent, Lindsay, but on hearing that it was subject to a soldier’s mortgage lie objected to complete the agreement. Lindsay assured him that the mortgage was not subject to the regulations of the Discharged Soliders’ Settlement Act, and on this representation the agreement was completed. His Honor said he could not resist the conclusion that plaintiff was induced by fraudulent concealment and mirrepresentation, first, to make an offer in writing for defendant’s property, and later to sign a formal cocntract materially different in effect. Mrs. Milligan was personally entirely innocent of any intention to mislead plaintiff, but she could not be allowed to benefit by the misrepresentation made by Lindsay in the course of the transaction. Plain tiff was entitled to an order rescinding both contracts, and to the relief usually granted in such cases, but not to damage in addition to such sum as would effect complete restitution. Questions as to the liability of defendant Lindsay were reserved for further consideration, with liberty io plaintiff or Lindsay to apply for such judgment as he might consider himself entitled to.
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Taranaki Daily News, 2 June 1922, Page 7
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283SOLDIERS’ MORTGAGES. Taranaki Daily News, 2 June 1922, Page 7
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