POKER DEBT CLAIM.

Ashburton Guardian, Volume 54, Issue 20, 3 November 1933, Page 2

POKER DEBT CLAIM.

PLAINTIFF NOW-SUITED. * t Special to the '< Guardian.") DUNEDIN, November 2. An unpaid poker debt was the subject 'of v a claim in the' Magistrate's Court this morning,' when. Robert Johnson, . a manufacturer, ' proceeded against John Simpson, licensee of the liugby Hotel, claiming to recover £ls 10s as the balance of an amount lent to Simpson by Johnson during a game of- poker more than two years ago.

Alter a short hearing Johnson was non-suited, the Magistrate stating that the Court could hot be used as an instrument to enforce a debt, of this nature.

Mr A. G. Neill, for plaintiff, said the claim represented the balance of an amount of £3O 10s, lent by Johnson to Simpson on the night of July 7, 1931. Simpson tendered a cheque for £lO to Johnson on the following day, and paid a further £5 in September of this year, thus leaving a balance of £ls 10s unpaid. Mr Neill understood that the defendant intended to invoke the aid of the Gaming Act, and have Johnson non-suited. However, the latter proposed to take the opportunity of placing the facts before the Court. Johnson then gay© evidence as to having lent Simpson various amounts during the game of poker. Mr E. J. Anderson, for the defendant: So this was a poker school?—Yes. Counsel: Then this money is payment for a gambling debt?—No. 1 was the loser that night. Counsel: But you were gambling?— Yes. Mr Anderson, to the Magistrate: 1 don't know that I should go any fur' ther, sir. I ask for a non-suit. Mr Neill intimated that he was prepared to accept a non-suit. The Magistrate: Yes; the Court cannot be used as an instrument to enforce the payment of a debt of this nature. ' Johnson was non-suited, costs of £2 2s being allowed against him.