MEIKLE AGAIN.

Stratford Evening Post, Volume XXXI, Issue 84, 22 November 1911, Page 8

MEIKLE AGAIN.

CLAIMING DAMAGES FROM A LOAN COMPANY. AN ADVERSE DECISION. WELLINGTON SESSIONS. (Per Press Association.) Wellington, November 21. The Supreme Court was engaged today in hearing a case brought by John James Meiklo against the Wellington Loan Company, claiming the return of £l6 18s ltd, £2OO damages tor false imprisonment, and £2OO tor malicious arrest and malicious abuse of process by the defendant company, in his statement of claim plaintiif set out that in July, 1004, ho borrowed from the defendant company £22 4s, giving as security a promissory note, latter he borrowed a further £lO. A summons issued against Meiklo and the person who endorsed the P.N., and judgment was given for £3O 7s, including interest. In December, 1010, plaintiff paid to the company £39 13s in full settlement, according to tho statement, and in February last lie embarked at Wellington on the Turakina with the intention of making a business trip to England. On that day he was served with a summons for £l3 14s lid, being interest on promissory note moneys. The defendant company, in an affidavit, asserted that plaintiff was about to leave New Zealand with tho intention of evading payment. As the result of an order made by the Magistrate, plaintiff was arrested and removed from the Turakina in custody of an officer of tho Magistrate’s" Court. In order that ho might proceed on his journey, without admitting the legality of the proceedings, plaintiff paid under protest £l(s 8s lid.

The present case was the outcome, of more -proceedings. 'The defendant company denied that £33 13s was paid or accepted in full settlement, but said that it was on account.

'Hie Chief Justice, after bearing evidence, held that tho receipt given did not discharge tho interest, and that plaintiff could not succeed in the present proceedings.