“SORRY TO DISAPPOINT”

Taranaki Daily News, 19 December 1929, Page 8

“SORRY TO DISAPPOINT”

MAGISTRATE DELIVERS JUDGMENT

“I am sorry to disappoint you two gentleman, but I propose to take this case under the equity and good conscience clause,” said Mr. J. H. Salmon, S.M., in the Hawera Magistrate’s Court yesterday to counsel when giving judgment for defendant in a case in which Harold William Lacey, Welfare Officer at Hawera, claimed from. Amy Gertrude Morrison, of Stratford, the sum of £l3 12s. 3d.

Mr. L. A. Tayler appeared for the plaintiff and Mr. A. K. North for the defendant. ’

Mr. Taylor stated that about three years ago plaintiff bought from defendant a property at Palmerston North, which was at the time subject to a mortgage repayable on October 8, 1929. At the time of purchase plaintiff gave a second mortgage to defendant, Tinder which the principal sum was also made "repayable on October 8. After attempting; to raise the money to repay both mortgages plaintiff wrote to defendant as follows: —“I have endeavoured to raise the money privately, but without success. I regret therefore, that I shall not be able to meet the mortgage on the due date. I have advised the first mortgagee’s solicitors that I cannot meet the first mortgage, and that I am prepared to hand the property back to the 'mortgagees.” Defendant’s solicitors answered by a letter on October 9, which stated that Mrs. Morrison regretted plaintiff had been unsuccessful in his efforts to meet the mortgage due to her the previous day, October 8. The solicitors had delayed replying until after October 8, in order to give plaintiff a further opportunity. Mrs. Morrison accepted the offer to hand the property back to her as mortgagee. As plaintiff had been receiving the income of the property to that date the outgoings in the way of interest on mortgages and the proportion of rates would be payable by him until October 8, while the proportion of the fire insurance premium would be apportioned in his favour. Mr. Taylor said that on October 9 plaintiff effected a sale of the property charged by the mortgages for cash, and therefore was in a position to pay off the mortgages then or shortly afterwards, and the first and second mortgagees were notified on October 9 of the ability of the plaintiff to do so. Between September 26 and October 9 the defendant incurred costs in arranging a loan sufficient to take over the firstmortgage, and when the second mortgage was being repaid insisted upon being paid her costs of arranging for the loan The plaintiff paid these costs, amounts ing to £l3 T2s. 3d., under protest, and now claimed to recover them.

Plaintiff told defendant definitely that he -could not find the money by October 8, said Mr. North. He also notified the first mortgagee. But on the night of October 8 he received an unexpected offer for the property’ and seized it. He had been very generously treated. Mr. North contended that the case had no merits.

The magistrate, in stating that he would view the case under the equity and good conscience clause, said that Lacey as second mortgagee and as indemnifier of Mrs. Morrison, notified her definitely that he would be unable to meet his obligations. Feeling that time was slipping by, and that it was necessary for her to make her position secure, Mrs. Morrison took certain steps, and in doing so incurred costs. In any event the costs were incurred almost on Lacey’s suggestion. Judgment would be given for defendant with £2 2s. solicitors’ fee.

GENERAL ITEMS. Mr. J. C. Smith will offer at auction to-day at the Central Mart, Hawera, poultry, furniture, vacuum cleaner, phonograph, records, etc. Mr. Thomas M. Fitz Gerald, of Nolan Road, Hawera, has received word that he has been successful in passing the second professional medical examination held at the Otago Medical School iyMessrs. R. P. Morrissey and Co. will offer at the Union Street sale rooms, Hawera, to-day household furniture, garden and other tools, boots and shoes, tent and fly, harrows, fruit, produce and vegetables.

HAWERA OPERA HOUSE. “THE DOCTOR’S SECRET.” “The Doctor’s Secret,” the all-talking film version of the famous play, “Half an Hour,” by Sir James Barrie, opened a season at the Opera House Hawera, last night, to a good audience. The leading roles are played by Ruth. Chatterton, H. B. Warner, Robert Edeson and John Loder. The story concerns Richard Gorson, a wealthy man of humble origin, who has married a member of the aristocracy, and later taunts her with having married him only for his money. Lillian Garson soon tires of such unfair treatment, and decides to elope with Hugh Paton, a young man who is in love with her. While preparing for the flight Paton is killed, and Lillian realises that she has deliberately left her husband, and is at a loss where to go. An enjoyable supporting programme is screened. The box plans are on view at Miss Blake’s.