A CLAIM FOR OVER £21,000

Evening Post, Volume CVII, Issue 82, 5 April 1924, Page 9

A CLAIM FOR OVER £21,000

PLAINTIFF SECURES JUDGMENT.

<By TELEGRAPH—PRESS ASSOCIATION.)

CHRISTCHURCH, 4th April. 1 Mr. Justice Reed, in the Supreme Court to-day, gave'his finding on facts in a case between Douglas George Wright, of Windermere, sheep farmer, and his brother-in-law, William Arthur Morgan, of Mount Somers,' sheep farmer, involving a claim for £21,000, balance of principal on a mortgage, and £1690 interest on that sum.

. The statement of claim alleged that on 15th June, 1922, defendant, who was indebted to plaintiff to the'extent of £27,948, entered into an equitable mortgage. The ' principal was reduced by £1948 on Ist August, 1922, and by £500 on Ist August, 1923, leaving £21,000 still owing. On 29th September, 1923, plaintiff; demanded from defendant the sum of1 £21,000, being the balance of the principal, and £1690, being twelve months': interest on £26,000. Defendant had not paid those amonnts, and plaintiff therefore chimed £22,690 and costs. . ■ .

'. Defendant alleged that his •, signature to the mortgage was obtained by-fraud and misrepresentation, inasmuch as it was represented to be merely security for the indebtedness of 'plaintiff to the Bank of New Zealand. It was stated that if defendant did not'sign the,document the bank would close 'down on plaintiff, and the whole of the Wright family would be ruined. Relying upon representations, all of which were untrue to the knowledge of plaintiff, defendant signed the., document without reading it, and without being sure of the fact that it contained an admission' of his liability for the sum of £27,948, or for any other sum. On 7th September plaintiff wrongfully and in-breach of provisions of the Mortgagees' Extension Act, and without, giving any notice, seized a«d was depasturing thereon live stock purchased at defendant's clearing sale. ' Defendant claimed that an inquiry should be.directed into the legality of the alleged sale of land by the trustees of the will of Edward George Wright to plaintiff and ■ Lilian Kate Nosworthy; that' an agreement for sale by plaintiff 'to Lilian Kate' Nosworthy should be voided; that accounts should be»taken. before the Registrar of all transactions between- plaintiff and de^ Pendant. He also asked'for £500 damages for wrongful entry on his land. The' case lasted for five days. ' • ' His Honour found for plaintiff on facts; but written argument on law will be submitted by counsel.