The United Services Association brought an action in H. M. Supreme Court on Thursday, before, Mr. G. W. King, Registrar, to recover $125 from M. 8. O'Sullivan.
Mr. Reader Harris, who appeared on behalf of the Association, said the amount claimed was a sum loaned to defendant. It was with great reluctance that the Associa tion took these proceedings, but it had been compelled to do so. The Association was formed for the purpose of assisting, financially or by obtaining employment, men who had served in the war cither in the Navy or the Army, and when the assistance was financial it was given in the form of loans. It was. occasionally given in the form of a grant, in cases where a man was leaving Shanghai altogether. The Association did not, of course, look for repayment of a loan until after a man had obtained employment, and then they certainly expected it. Most of the men assisted had stood' loyally by this arrangement. The loan in the present case was made in October of last year when defendant was out of employment, and the money was given him to: pay a month's board, with an additional $25 for incidental expenses. In December, defendant obtained employment, which he had retained ever since, at a satisfactory salary out of which he could easily have repaid the loan by instalments. Application had been repeatedly made to him, but he had treated these applications in a terse and rude manner, and had made no effort at all to pa: When the first application w made, some months after he had been it employment, he replied: "Sorry. Refer to previous correspondence.' When he was written to and asked what instalments he could pay, be marked the chit book: "Sorry. Fire away." The Association had certain funds, generously subscribe ed, and there were many calls they would like to meet but could not meet because they had not got enough funds, and therefore as: trustees of the fund and in the interest of more deserving cases, the Association thought this case should be brought forward, defendant not being justified in treating the matter with complete disregard.
Counsel, as a member of the Committee of the Association, filed an affidavit proving the loan.
Defendant—My defence is that I
His Honour—That is no defence.
Defendant—I cannot pay; otherwise I should have paid long ago.
Counsel said the Association only, asked for payment by reasonable instalments. He asked for an order for payment at the rate of $25 a month.
Defendant—I refuse that.
In_answer to counsel, defendant admitted that he paid $20 a month
Text read from the printed page and cleaned; old type leaves the occasional error.