QUESTION OF INTEREST.

Wairarapa Age, Volume XXXII, Issue 10409, 1 September 1911, Page 5

QUESTION OF INTEREST.

WITHOUT AN ACREEMENT.

A 'case was heard in the Masterton; S.M. Count yesterday, in which W. B. Channels and Co. claimed £ll 14s 6<i from R. H. Hole for money, lent and interest thereon, and Hole entered a counter claim for £3 Is 6d. Am laameawled cladm *et out the particulars <more fully. Hoie admitted the cflaliim leas the interest. The .miomey was lent in- NovemVr of 1906. The plaintiff 'held that defendant had been credited with the £3 17i& 6d in' the isttiatemiente rend^rei 5 . Mr Jordan appeared for the plaintiffis, and Mr EColiiings for ;.'efendaivt. WiMfiam. ißoyce hemnelk said he had lent £lO, and defendant had. sent iihiree istetemenits on different oceasIkmis. Diefendiamt had never disputed rthe interest, aind. had promised to pay the account. No arrangement had been/ (made for the paymxrb <<£ interest. George Selar, one of the il»:«itiffis, corroborated the evidence conoertning the of ".he account.

Mr BJoMAnigßi confessed judgmnenit for £lO, but hie. isubniitited that interest could not be- rescweredwithout any agreement having been, mad©. Dedfendamt, in evidence, said' that there had flieiem mo arrangement for payment of imitterest or levem for repayment of Ithie £lO. It had been, ■understood thiat the £lO was to pay the expenses of showing a. person over wiitmesisi' property with a. view to am> exchange. Plaintiffs were to deceive oomimisision, from both , parties am the, event of ain> exchange being effected. Witness said he received th© £lO by post at Wellington.

W. B. Chenaiellls, re-called, denied that (the money wasi for expemisies', it

merely being a loam. The cheque was. govern to defendant ini Ma«(berttiMi', and not posted' ifcoWelliiimgiton.. De~ ifendanit did mot complain about being charged interest. Be had promisied to pay. In oaros-examimation, witmiei&s ©aid defendant had handed the cheque back and asked that it should be posted Ito ihiis wife in Wellington. Gfceorge Selar, re-called, cora-obor-attied the evidence .of the previous witness. Decisioni was (reserved. ;....■