MAGISTRATE'S COURT

Southland Times, Issue 18833, 28 May 1920, Page 2

MAGISTRATE'S COURT

At the Magistrate's Court yesterday, Mr G. Gruiek-Jiank, S.M., occupied the Bench. CLAIMS i-OK INTEREST. In two undefended civil cases Lazarus Wolfe Balkind, of Christchurch, obtained judgment for interest on moneys lent. In the first case the plaintiff claimetl from Cox the sum of £9 3s inf hnbm; interest on loans lot .-tiling: L'Stf made between October 7. Dili and September i>. 19D, repayable by fortnightly instaimems of £2, whereof the defenitant repaid the sum of VIIUV 7s. The plaintilf further dc.imcd £4 1!!.- for interest on the said loan from the due date thereof down to the date of hearing. Mr O’Beirne, who appeared for plaintiff, slated that the summons had been issued in October last, but the defendant could not be found. He had since been located and proceedings taken on the same fines as previously. The moneys lent to the defendant totalled .'ISO, but- payment had lien spread over a considerable lime. 'I he defendant. hud been paying al rate of about £2 a fortnight, and had paid £IOG. 'Lhe amounts claimed were still owing. The rale of interest worked out cl about 30 per cent. The lender took a eonsidei able risk, and this justili'd the high rale ol interest. Lawnbrokers in some eases reeeiv ed as high as SO per cent. lhe Magi. Urate gave ju:!;:nu nl for tile amount claimed, v. liii eo-ts eg ().- The same plaint ill also niacee led ava'n-t Edward .I mics March am. idizaneth Ma.y March for £4 Is (id i-.eing lit-* In lance of a loan of 110 IDs. i;uiu..mp mteie.-.i, mane on July L’9, IstlS, by the plaintiff to the defendant , repayable ny weekly in.-tahnems of 15s each, whereof the defendants repaid £ls 5s (id. The plaintiff further elaimed £4 I Os for interest on the loan from t ho due natc then.of town to the date of hearing. The defendants did not appear but forwarded a Utter in which it was stat.i! Unit the money had not ncen paid owing to | considerable expeii e incurred through illj ness. Mr O’Beirne stated (hat the rate of interest charged by the j-iiiint.il wonted out at 33 per cent. In answer to a question by the Magistrate, iie si..tc,. that the plaudit! ha . the ,-fVunt v o. a mil oj . a)', but that had n--t been very -atisfaetory, as for a long time it was not known where the defendant live:!. The Magistrate said that £2O per cent, interest should be i|i:iT- enough and accordingly gave judgment for £0 with costs 11 5s (id. CLAIM FOR WAGES, John Jones, labouier, Otanlau, sought to recover from Richard Massed, farmer, .Maltarewa, the sum uf £145 3s Od alleged to he due as wages and in respect of amounts paid by the plaintiff on account of and at the request of the defendant. The defendant filed a counter-claim for £129 alleged to he due as board and lodging. Mr H. Mucalister appeared for plaintiff, and Mr Haggitt for the defendant. Counsel for the plaintiff staled that: Jones entered the employment of the defendant on May 1, 1917 and was engaged in clearing bush and laying drains. It was agreed that he should receive 30s a week and found. If the counter-claim was allowed it would mean that Jones had been working for 7s Gd a week. The plaintiff left the defendant's employ in 1918. Mr Haggitt state;! that the defendant’s land only comprised 24 acres, and was not large enough to keep a man constantly employed. The defendant himself had to go out to other work to support his family. The plaintiff had entered the employ of the Defendant on May 4, 1917. but hud left again on January 24, 1918. Later on Jones earne to the defendant and asked for something to do, stating that he was hard up. defendant on May 4, 1917, but had left could not offer to pay him 30s a week and found, as he could not give the plaintiff sufficient work for him to earn it. After hearing the evidence of both parties, the Magistrate said he was quite satisfied that there was nothing in the counter-claim and it would be dismissed. He was also convinced that the defendant had never thought of paying the plaintiff 30s a week and found after January 24, 1918. Judgment was for the plaintiff for £2O, with ' costs £2 7s. j A SMALL CLAIM, I In a case in which George Hansen (Mr , Meredith) claimed £2 os from James Jef-

(<K!tr (Mr Lieidi being the value of a pair of gum boots belonging to the plaintiff and aIL-ged io Jiavc been destroyed through tile nr .;l"-i’;:i c of defendants Tvait' in luirniii;; I;i si:fks on the defendantland, the .’o agi.-t rate L-‘ld that negligence had not been proved, and ; r ;;vc judgmem for tho defendr.nt for iool.- amounting to ss.