MAGISTRATE'S COURT.

Press, Volume LVIII, Issue 10865, 15 January 1901, Page 2

MAGISTRATE'S COURT.

DEFAULT CASES. In tho following cases the defendants did not appear yesterday, and Mr H. W. Bishop. " S.M., gave judgment against them by default with cost? —J. S. Myers v John Milne Wakefield, claim £1: "Lyttelton Times" Company (Mr Russell) v J. C. Bain, £6; ShawRobinson and Co. v Charles Cook, £2 4s; same v H. Williams, £1 7s 6d ; same v Gilbert Ni&ven. £2; same v Thomas King, £2 133 4d; same v A. J. Bovce, £3 4s sd; same v John Reid, £2 8s 3d; Philadelphia Pykett v Mrs Linn, £8. A CASK OF " INTEREST." A case involving a point of law on a question of interest was one in which Lawrence Kdiv claimed £39 19s 9d from Elizabeth Cross. On November 25th. 1897, the plaintiff lent £350 to the defendant, on mortgage at the rate of 7 per cent, if the interest were paid up promptly. If not the rate was io be 10 per cent. The interest was paid at intervals until January 16th", 1899. On March 10th, 1899, the" mortgage was released by the plaintiff. Subsequently the plaintiff made a further charge against, the defendant for interest at the penal rate. The above claim represented this interest atthe penal rate, together with a small balance alleged to be due on the principal sum. Mr Harper appeared for the defendant, and Mr Bruges for the plaintiff. Alter the plaintiff's -evidence had been heard, Mr Harpsr contended that the plaintiff must he nonsuited on thi ground that I a eonpUtd r»iea»» of tar, maz-.gig* had Una

given and registered, and the title was now clear. Further, the plaintiff was estopped from claiming the additional interest on the ground that he and his agent, Mr Bruges, had accepted the lower rate wherf'tendsred. Mr Harper further contended that a new contract had been entered into when MrCross, the clei'endiint's husband, had given an 1.0. U. to cover the outstanding balance, which 1.0. U. had since been paid, and that, as far as Mvs Cross was concerned, the liability was removed. His Worship .reserved his decision.