SECTION XII - Procedure Before The Landgericht Illustrated

Author:E. J. Cohn and G. Meyer
Profession:Sir
Pages:46
 
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52.

The example below is that of proceedings before a LG.

KLAGE (Action) (see Section XIII below) To the Landgericht Bonn, Civil Chamber.

Action of the Brewer Charles Tom of 37, Broad Street, Bonn (represented in the proceedings by Rechtsanwalt Dr.

Drab of 10, Back Street, Bonn), against the Innkeeper Max Grill of ' The Grey Cat ', Big Square, Bonn, for repayment of loan Streitwert: 2,000 DM.

for oral hearing on 10 July, 1950, at 10 a.m., Bonn, 17 June, 1950.

2nd Zivilkammer Dr. Brim, LGDir.

The defendant who is a customer of the plaintiff's visited the latter at the plaintiff's office on Tuesday, 12 May, 1949. He told him that his son was about to marry and that he needed some money for this purpose.

He subsequently asked the plaintiff to grant him a loan of 2,000 DM which he promised to pay at the latest within a year. The plaintiff assented and handed the money to the defendant.

Evidence:

(1) Witness, the Secretary Ida Small of 14, Brown Street, Bonn, who was present at the interview.

(2) Defendant's receipt, copy of which is appended hereto.

The defendant has not repaid the money notwithstanding repeated verbal requests by the plaintiff.

Both parties are merchants.

The plaintiff is therefore entitled to claim not only the repayment of the loan, but also 5 per cent. interest as from the day on which the loan was made, i.e., as from 12 May, 1949 (see Commercial Code, paras. 354, 353, 356).

In the name and by authority of the plaintiff I am therefore bringing this action. I am summoning the defendant to appear at the date to be fixed by the Zivilkammer and I am requesting the defendant to appoint an attorney admitted to practice before this Landgericht.

I shall move for judgment to be given against the defendant to the effect that the defendant pay to the plaintiff 2,000 DM-in words two thousand DMwith 5 per cent. interest from 12 May, 1943, and pay the cost of the proceedings.

Bonn, 15 June, 1950.

For the Plaintiff, DR. WILL DRAB, RECHTSANWALT.

2.

ANSWER TO ACTION (Klagebeantwortung) (see Section XIII below) To the Landgericht Bonn, 2nd Zivilkammer.

Reply to the Action in the matter of the Brewer Charles Tom, plaintiff (represented by Rechtsanwalt Dr. Drab), against the innkeeper Max Grill, defendant (represented in the proceedings by Rechtsanwalt Fred Fix of 59, Front St., Bonn), for repayment of loan I shall move that the action be dismissed.

There has never been any question of a loan by the plaintiff to the defendant.

The plaintiff gave the sum of 2,000 DM to the defendant by way of gift, because on 10 May, 1942, the defendant had been a customer of the plaintiff for 20 years and also in view of the marriage of the defendant's son who is an intimate friend of the plaintiff's son. The...

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