Sir Skinner Turner on a Worthless One: Tls. 6,000 Debt Case at Supreme Ct.
Interesting comment was made by his Honour Judge Sir Skinner Turner at H.M. Supreme Court on Mon~ duy on the objects of a judgment summons. The case was one in whi T.-C. E, Evans Lee brought a Judgment summons against W. H. Keeble in respect of a judgment made in his (plaintiff's) favour for the sum of Tls. 6,000, money lent, Mr. C. M. Reece appeared for! plaintiff and Mr. M. Reader Harris for defendant.
Mr Reece put Kecble in the box! and in the course of questioning, obtained from him the information that he owned a property in Bubbling Well Road worth Tls. 11,500, ind a certain amount of furniture in the house in which he lives in Haining Road. He further stated that his brother in Hongkong owed jim Tls. 15,000, but that this brother had gone bankrupt. There was, he added, a mortgage on the Bubbling Well Road property.
His Lordship asked Mr. Reece, if) his information were correct, why he did not seize house and' sei the furniture if he wanted money.
Mr. Reece—We preferred taking this course. We brought him here to show his position.
The Judge—You brought this man here on a judgment summons, not to show his position A judgment summons as I understand it is simply a course taken by the plaintiff to show that a defendant has the means to pay bat will not pay. All you have to do is to show me he has the means to pay.
Further questioned, defendant said he was getting Tis, 110 rent for the house in Bubbling Well Road, but of this sum he had, to pay Tls. 104 each month as interest jon the mortgage.
Mr. Reece contended that the judgment summons should come! before interest on the mortraxe on the house, and asked the Judge to make an order for defendant to pay something on the debt each month.
The Judge—But why take this course? Why not sell the house and the furniture? I always feel that in a case like this, involving a Inrge amount, a judgment summons is practically worthless. I can only make an order for monthly payment, and even if T make it Ths.
100 a month, it will still take him 60 months to pay it off.
Mr. Reece remarked that Tis.
6,000 was not such a very large sum comparatively speaking.
The Judge—I don't know, to me: it is quite a large amount. Tam glad you don't think it is.
Defendant pointed out that, if he had to pay a monthly sum out of rent money, the mortgage on Property would be foreclosed and a sale forced.
Remarking that this was possibly the, best thing that could happen. in "the circumstances, the Judge made an order for monthly" payment of Tls. 50.
Text read from the printed page and cleaned; old type leaves the occasional error.