REPAYMENT OF LOAN.

New Zealand Herald, Volume LXVI, Issue 20333, 14 August 1929, Page 14

REPAYMENT OF LOAN.

JUDGMENT AGAINST WIDOW.

HUSBAND LEAVES NO ESTATE

DEFENDANT PARTY TO DEBT.

Precluded by the death of the man to whom he lent £l5O from taking proceedings against him for its recovery, and finding that there was not sufficient in the ostato to repay the debt, the plaintiff in a case heard in the Magistrate's Court yesterday sought to recover the amount from the widow. Tho action was brought by C. L. Mason, carriage-builder (Mr. Leahy), against Mrs. I). I', Atkin, as representative of her late husband

Plaintiff said that at tho timo tho loan was mado ho was the working foreman in a coach-lniilding business which was managed by tho late Mr. Boucher Atkin. Mr. Atkm asked plaintiff to go to his house to see him, and told him, in the presence of Mrs Atkm, that £l5O was wanted to meet an obligation connected with tho land about tho house, and that if plaintiff would lend the money ho would be repaid when tho first section of a number to bo sold was disposed of.

As Atkin was tho owner of tho land and seemed to bo in a .satisfactory position, plaintiff agreed to lend the money, which was handed to Mrs. Atkin. lie received a receipt from Atkin, in which it was agreed that interest at the rate of 10 per cent, should bo paid on the loan. Atkin died in December, 1926, and u was later disclosed that ho left no estate, tho land mentioned in tho conversation never having been his, but belonged to Mrs. Atkin.

Mrs. Atkin not being <n a state of health to givo evidence, the defence reliod on tho difficulty of tho plaintiff in satisfactorily proving tho facts on which he relied

Stating that he was satisfied of tho truth of the evidence given in support of tho claim, Mr. 12. C. Cult en, S.M., gavo judgment for plaintiff for £21 1 and costs, holding that Mrs. Atkin was a party to inducing plaintiff to accept an acknowledgment from her husband by representing that the land belonged to her husband.