MONEY-LENDER AND CLIENT.

Northern Advocate, 4 December 1916, Page 1

MONEY-LENDER AND CLIENT.

A SOLDIER IN DW.CiJLTIEc'. (By Telegraph.—Press Association). WELLINGTON, December 1. At the Supreme Court to-day Mr Justice Hosking was engaged in hearing a case wherein Charles Henry Rice, a soldier on active service, whose evidence had been taken on commission, sued Lazarus Wolfe H'llkiud for .CloOO as damages for alleged, maiicious prosecution. .Mr Neave, for plaintiff, said the tuite arose out of defendant's action in prosecuting plaintiff' in the Magistrate's Court at Wellington, on a charge for obtaining money by false pretences. Plaintiff contended that defendant's motive for that prosecution was to extort money on a loan. Plaintiff was acquitted. Defendant was a money-lender, and plaintiff had occasion to approach him for financial assistance in July, u>ls. Plaintiff borrowed £30, giving a bill of gale over his furniture. Though the loan was only £30 ( the document, purported to secure repayment of the sum of £'40. The sum of £10 ,'n interest was paid, then plaintiff, under pressure, gave a promissory note for £50, payable on demand. The bill not being redeemed, defendant's bailiff called at plaintiff's house, when Mrs Rice stated that the furniture was hers. That led to the prosecution in the Lower Court, though no demand was made, on plaintiff or explanation sought from him. Sir John Findlay asked for a nonsuit on the ground that there was no proof that malice had been shown. Decision was reserved on that point. Sir John Findlay, addressing the jury, pointed out that if a man had an honest belief in the facts presented to him he was justified in prosecuting. Defendant was a money-lender, therefore not the most popular man in the community, but he served a useful purpose. Balkind believed the furni. ture belonged to 'plaintiff, and there was no doubt he had been misled. Plaintiff only paid £10, so that defendant was out of pocket and had done nothing unreasonable. The jury disagreed, and the cat:e was set down for rehearing.