MONEY-LENDER'S CLAIM.

Star (Christchurch), Issue 12067, 24 July 1917, Page 5

MONEY-LENDER'S CLAIM.

LAND AGENT SUED,

PR OMISSO RY NOTES INVOLVED.

The adjourned hearing of the claims involving sums of £B2 10s. JjilO, £.!i(> and £lO bv Francis D. Kes.leven. moneylender, against S. C. Thompson, land agent, Avas taken this afternoon at the Magistrate's Court, before Air T. A. B. Bailey, S.M. .Mr Thomas appeared for the plnftitiff and Mr Sargent, for the defendant. At the previous hearing it Avas stated that the claims Avere in respect of the non-payment of promissory notes is.sued by the. defendant to the plaintiff for money lent.

At to-dav'.s siifine; W. F. "Burns said -t hat- ilio advance of -CB2 10?. was inn do for his benefit on the security of n section. IT<> actually received £7O. Tho section was worth £lO or .CoO. Tho £oo was advanced on a joint hill of defendant rind witness, and interest had hppn paid. Witness was now bankrupt, and Kostoven had proved against, tlio potato for throe bills. To .Mr Thomas: Hp did not, know where tlio. mono,- was paid. Thompson would bring him a hill and both would sign. Witness had believed Kestovon gave tlio money to Thompson. At ibis stage Mr Sargent asked for a. nonsuit.- on tho ground that, the promissory noi.ps worn niadp out as " Wo promisp to pay," instead of " \vp jointly and severally, etc.," as required bv M-rtion .lb', Hills <if J'lvohnn.C" ActThat, made the '>'"• by Thompson and Hums. Kostoven had provpd against, (.lie estate of Burns, and that prevented him claiming against Thompson only. After hearing further argument, Mr Bailey said that, ho would entor a. nonsuit in tho claim for £lO, giving judgment for 'ha defendant with costs, but tho hearing of tho other claims would bo deferred to allow Mr Thomas an opportunity to invest igato tho points

raised by Mr Sargent. Mr Bails y suggested that the dispute might, well he taken to i ho. Supreme' Court, seeing the principle involved. The hearing was adjourned for a month.