Public Trustee Seeks Recovery Of Mortgage Money

Gisborne Herald, Volume LXXVI, Issue 22951, 20 May 1949, Page 4

Public Trustee Seeks Recovery Of Mortgage Money

An action to recover the sum of £llOO. '3 principal, and £2lB, interest, secured by a mortgage was taken by the Public Trustee (Mr. F, Wrey Nolan) against James Joseph Quirk, farmer, Matawhero, (Mr. M. R. Maude), in the Supreme Court in Gisborne yesterday. Mr. Justice Cornish reserved his decision.

It was alleged by the Public Trustee as the executor of the estate of the lata Mrs. C. B. Quirk, that J. J. Quirk owed £llOO principal and £2lB accumulated interest oh a mortgage held by the estate of the late Mrs. Quirk. Evidence that no money, either interest or principal, had been paid on the mortgage was given by William Charles Neal, accountant-at the Public Trust office, Gisborne. The defence was that the moneys owing under the mortgage were forgiven in. April, 1940, by Mrs. Quirk in consideration of defendant promising his mother that he would thereafter look after and provide for his brother, Thomas Quirk. Evidence to this effect was given by J. J. Quirk, who said that since his mother’s death in 1943 he had taken some interest in his brother and had paid board and given him money totalling about £SO. ,