RELEASE OF MORTGAGE.

New Zealand Herald, Volume LXV, Issue 19859, 1 February 1928, Page 13

RELEASE OF MORTGAGE.

DISPUTE OVER AMOUNT. CLAIM FOR £SO DAMAGES. [BY TELEGEAPK. —OWN CORRESPONDENT. J HAMILTON, Tuesday. A protracted civil claim, which involved an allegation of fraud, was concluded before Mr. Wyvern Wilson, S.M., to-duy. Janet Catherinei McCardle, widovr, Hamilton, sought to recover £SO damages from William Charles Flexman, farmer, Tuhikaramea. The circumstances were that plaintiff held a mortgage of £1650 over defendant's property at Tuhikaramea. In April, 1927, plaintiff's son, Kenneth McCardle, asked defendant to release the mortgage before the due date and offered to allow a discount. Negotiations proceeded for soma time and plaintiff maintained that the amount agreed to be paid by defendant should be £1450. Defendant contended that the amount agreed on was £I4OO. The negotiations were carried cm between the plaintiff's two sons and defendant, while the settlement was effected between plaintiff personally and defendant. Plaintiff released the mortgage on the basis of an agreement that £I4OO should be paid, whereas the sons contended that the amount agreed on was £1450. Plaintiff now sued for £SO damages, claiming that the defendant falsely represented that the basis of settlement was £I4OO instead of £1450, thereby inducing her to execute th*} release of the mortgage. . Mr W. J. King, for defendant, «ajd that either ore side or the other had given false testimony and that the plaintiff must prove, dishonesty on the part of the defendant. There was a possibility of a mistake having been made on account of defendant's deafness, but that would not permit the plaintiff to succeed, a# a mistake would void a contract. The onu_. rested on plaintiff to prove that defendant was dishonest. Mr. E. W. Inder, for plaintiff, admitted that if a mistake had been made his claim must fail. Defendant, he s&id, hsrf admitted there had been no mistake. Judgment was reserved