MORTGAGE PAYMENTS

New Zealand Times, Volume XXXVII, Issue 8364, 26 February 1913, Page 11

MORTGAGE PAYMENTS

CLAIM BY LAND AGENTS. A claim for money; alleged to bo dne on mortgage came before his Honor Mr Justice Sim in the Supreme Court yesterday when Harcourt and Co,, land agents, proceeded against Elizabeth Green, married woman, to recover £202, balance of principal, and £4O 0s 2d interest thereon till December 27th, 1912. Mr J. C. Peacock appeared for plaintiffs and Mr P.. J. O’Regan for the defendant Mr Peacock, in opening the case for the plaintiffs, said that in September, 1907, plaintiffs, who are land agents, sold certain property in Tinakori road through the agency of the defendant. The property then belonged to C. J. H. Harcourt, one of the plaintiffs in the action; and was sold to a Mr Hunter. At the request of defendant the plaintiffs agreed to lend Hunter the sum of £292 on Hunter giving a mortgage over the property and upon defendant entering into a guarantee with respect to Hunter’s loan. Hunter had not paid tho £292 as provided in the memorandum of mortgage. There was still owing £202 on account of the principal and £4O 0s 2d interest due to Deember, 1912. The money was to be epaid in instalments of £ls. Counc'f said that execution of the guaranty would be denied by plaintiff. Mr O’Regan said defendant’s story would be that it was at the request of Harcourt and Co. that she gave this mortgage. After signing the document defendant found conditions were inserted of which she had no knowledge, and if she had had the knowledge she would not have signed it. She discovered she was responsible for Hunter’s default,' an obligation which .he considered she had been released from. , „ After hearing evidence His Honor mid it was clear defendant had never men released from her liability- Judgment would be for plaintiffs for £202 and £4O 0s 3d, interest till December 17th, 1912, and for interest at 8 per cent, on the £202 from December 27th till the present date.