A MONEYLENDER'S VOICE

Sun (Christchurch), Volume III, Issue 867, 20 November 1916, Page 8

A MONEYLENDER'S VOICE

HEARD OVER THE TELEPHONE. TALE OF A SEIZURE. Following on a seizure of stock under a hill of sale at Fernside, Lazarus Wolfe Ralkind, a moneylender (Mr Cuningham', was sued al the Magistrate's Court to-day, hefore Mr 11. \V. Bishop, S.M., by James Granger (Mr Thomas), for the sum of £7 10s, for the hire of a horse at the rate of 10/- a day. James Granger, a dealer, said that on August 24, a man named Houston saw him, and wanted to hire a horse on behalf of Balkind. It was needed to go to Fernside. Witness rang up Balkind, who verified Houston's instructions. Mr Cuuingham: How did you known it was Balkind on the 'phone? The witness: I recognised the voice. Mr Thomas: His Semitic brogue, I suppose?—(Laughter.) The witness: I coidd recognise his voice a hundred miles away.— (Laughter.) To Mr Guningham. Witness had not had any dealings with Balkind for over two years previously, but he would never forget Balkind's voice.

William Houston gave evidence regarding the hire. A Mr Henry gave him instructions to do this on behalf of Balkind. He understood Balkind was to pay for the hire. Witness was paid £5 15s for his services. Balkind wished witness to give him a receipt for that amount in full settlement, but witness refused to do this.

To Mr Cuningham: Henry employed witness, but Balkind was to pay. He asked Garrick and Co. a few weeks ago to make a claim against Balkind for a further amount of £7 15s, but the action was not proceeded with. Witness was paid by Balkind on an order signed by Henry, but witness received most of his instructions from Balkind.

William Henry, a dealer, said that he had been sent to Ihe premises of a man named Wool to make a valuation of stock, which Balkind intended to seize under a bill of sale. Balkind's man, Houston, accompanied witness to make the seizure. Witness charged Balkind £1 a day, but when he signed an order for Houston to receive money from Balkind, it was never intended that the amount should represent the whole claim.

To Mr Guningham: He had been authorised by Balkind to engage Houston.

William Woods, jun., farmer, Fernside, said his stock had been seized by Balkind, but an action was pending against Balkind in the Supreme Court in respect of an alleged wrongful seizure. Balkind in that action was also making a claim. It was for £35 for expenses incurred in respect of the seizure. He understood this included an amount for the hire of a horse.

For the defence, Lazarus Wolfe Balkind, said he instructed Henry to make a seizure. Henry said it Would cost about £2 10/- as he (Henry) would have to engage an assistant, who would have to be paid £1 a day. He denied speaking to Granger over the 'phone as described, and also having given instructions to Houston prior to the seizure. The cattle seized at Fernside had been returned. When Houston first asked for something on account, witness told him that it would have to stand over until Henry had put in his account.

Mr Thomas: You swear that in the account of £35 put into the Supreme Court in respect of Woods's claim you did not include the sum of 10/a day for horse hire? The Witness (solemnly): I swear to nothing. He could not swear to anything he knew nothing about. "If the evidence of the witnesses for the plaintiff is to be believed, which I see no reason to doubt, Balkind is liable," said the Magistrate. "Judgment will therefore be for plaintiff with costs.