A MORTGAGE CLAIM

Evening Post, Volume LXXXV, Issue 48, 26 February 1913, Page 4

A MORTGAGE CLAIM

QUESTION OF A GUARANTEE. In the Supreme Court yesterday Mr. Justice Sim heard a claim for £202, balance of principal and £40 2s interest, alleged to be 'due on a mortgage. The plaintiffs were Harcourt and Co., land agents, and the ' defendant Elizabeth Green, marrvpd \voman. Mr. J. C. Peacock appeared for plain' tiffs and Mr. P. J. O'Regan for defendant. ; Counsel for plaintiffs (Mr. J. C. Peacock) outlined the case. In September, 190?, plaintiffs, who are land agents, through the agency ' of defendant, sold certain property in T^inakoTi-roacl, then belonging to C. J. S. Harcourt, one of tho plaintiffs in the action, to a Mr. Hunter and. at the request of defendant, agreed to lend Hunter the sum of £292 on Hunter giving a mortgage over the property, and upon v defendant entering into a guarantee with respect to Hunter's ban of £292. Hunter had not paid tho £292 as provided in the memorandum of mortgage. ' There was still owing £202 on account of the principal and £40 0s 2d interest due in December, 1912. The money was to be repaid in instalments of £15. According to counsel, execution of the guarantee would be denied. Mr. P. J. O'Regan said defendant's story would be that it was at the request of Harcourt and Co. that she gave this mortgage. After signing the document defendant found conditions were inserted 6f which she had ho knowledge, and if she had had the knowledge she would not have signed. She discovered v she was responsible for Hunter's default, an obligation which she considered she had been relieved of. After hearing evidence his Honour said it was clear defendant had never been released from her liability. Judg' ment would be for plaintiffs for £202 and £40 Os 2d interest till 27th December, 1912, and for interest at 8 per cent, on the £202 from 27th December till the present time.