LOAN MONEYS

Evening Post, Volume CXI, Issue 74, 28 March 1931, Page 6

LOAN MONEYS

A SUCCESSFUL CLAIM

| Whether a claim made by "William George Somervillo against the administratoi" of the estate of the late V. M. Braund in respect of moneys alleged to have been lent to the deceased in the years 1907 and 1908 was barred by the Statute of Limitations in the particular circumstances of the case was the mail) question involved in an action taken before Mr. Justice Blair'in the Supreme Court last .month. His Honour's reserved decision was given yesterday afternoon; it gave judgment for the plaintiff. The plaiutiff alleged lie lent altogether £343 18s 6d to the deceased,^and claimed that amount with interest at*B per cent. In his judgment his Honour said that although the debt was an old one, and although the details as to how the money was lent were somewhat involved, he was satisfied that of the amount of the alleged loans claimed, at least' £313 18s fid was actually lent by Somerville to Braund. There was not sufficient proof to establish the loan by the plaintiff to Braund of the extra £30 claimed. As to whether the claim was barred by the Statute of Limitations it was not disputed that unless the plaintiff could establish either (a) that lie had an acknowledgment signed within six years of the commencement of the action or (b) payment on account made within the six years, he could not succeed. His Honour, after reviewing the rather complicated cii'cunistnncos, held that Somervillc was entitled to succeed. .Against the .sum of .£313 18s 6d credit should be given for the £'17 procuration fee plaintiff had conceded. Plaintiff was given judgment against Bratmd's estate for £290 18s (id, with simple interest at 8 per cent. . Plaintiff, who appeared in person at the hcMTiuK. was allowed witnesses" expenses ;,,„! ilishtii-Romoiifs. .Mr. A. R. Croker represented I he ii'lniinbtntuu' of the wliitc. !