THE MIEKLE CASE.

Colonist, Volume LIV, Issue 13270, 22 November 1911, Page 5

THE MIEKLE CASE.

A NON-SUIT GRANTED.

[United Press Association.]

Wellington, Nov. 21. The Supreme Court was engaged today hearing a case _ brought by John James Moikle against the AV<?ll--in^ton Loan Company, claiming a return of £16 18s lid, £200 damages for false imprisonment and tiOU for malicious arrest and malicious abuse of process by tho defendant company. . . In i statement of claim the plaintiff set out that in July, 1904, he borrowed from the defendant Company £22 4s, giving as security a promissory note. Later he borrowed a further £10. A summens was issued against Meikle and the person, who endorsed the 'promissory Incite^ and judgment'was given "for £39 7>B, including interest in December,' 1910. Plaintiff paid to the company £33 13s in full settlement, according to the statement, and in February last he embarked at AVellington on the Turakina with the intention of taking a business trip to England. On that day he was served with a summons for £15 14s lid, being interest on promissory noto monies. Tho defendant Cdnipany, in an affidavit, asserted that plaintiff was about to leave New Zealand with the intention of evading payment. As a result an order was made by the Magistrate and plaintiff was arrested'and removed ironi the Turakina in the custody of an officer of the Magistrate's Court. In order that he might proceed on his journey, and without admitting the legality of the proceedings, plaintiff paid nnd»r protest £16 8s Ud. Tho present case was the outcome of those proceedings. The defendant ..Company denied that £33 13s was paid-or accepted in full' settlement,. but that it was on account.

The Chief Justice after > hearing evidence, held that the receipt given did not discharge the interest, and that plaintiff could not succeed in the presortt proceedings. A non-suit was granted.