Resident Magistrate's Court.

Bruce Herald, Volume IX, Issue 859, 1 December 1876, Page 5

Resident Magistrate's Court.

MILTON". Tuesday, 2Sth November, 1876. (Before J. P. Maitland, Esq. R.M.) V.'. GR.IMII.I2Y V. A. M'LAREN. Claim £100 (lain?»«_s for breach of covenant. Mr D. Ivcid, on behalf of defendant, applied for an adjournment for 14 days to secure the attendance or' an important Avitness. Application granted. JOHN GEIXUXEY V. ANDREW M'__KE_. This was au action brought by the plaintiff against the defeiidaut for the recovery of £71 12s in respect of a dishonored acceptance of the defendant's. From the evidence it appeared that tbe bill was drawn by Philp, Henderson & Co., upon aud accepted by the defendant, and endorsed by the drawers to the Bank of New Zealand, and was dishonored at maturity • that the plaintiff after the dishonor became the holder of the bill for value. After the close of the plaintiff's case, Mr Reid, who appeared for the defendant, moved for a non-suit on the ground that the bill on its fa.e was payable to the order of the Bank, aud that consequently, without a l .-endorsement, the plaintiff could not sue iu his own name. No donbt, had the bill been endorsed in blank by the drawers, the mere possession b\ r the plaintiff would be sufficient to entitle him to recover from the defendant : but here the bill had been specially endorsed to the Hank, which put au end to its negotiability without concurrence. The Bank had got rid of its liability hy the cancellation of its endorsement by Mr Douglas, but not of its title. There was no difference in law between a bill payable to the order of the drawer and by them specially endorsed to the Bank — as in the case now before tiie Court — aud a bill payable tothe order of the 6 auk ; in both cases the titla was iu the Bank, and the Bank was the only plaintiff. To entitle the plaintiff to a verdict he must bring the action in another form, Mr Taylor, who appeared for the plaintiff,, stated the case had only lately beeu placed in his hands, aud asked for aa adjournment to enable him to look into the point raised by Mr Reid. The case was adjourned for a week.