HELD TO BE A FORGERY.

Dominion, Volume 4, Issue 981, 23 November 1910, Page 4

HELD TO BE A FORGERY.

ENDORSEMENT ON A BILL. Reserved judgment was delivered ill •the Magistrate's Court yesterday by Dr. M'Arthur in a somewhat unusual case, iri which the Te Aro Loan Discount and Investment Co., Ltd., sued John Fitchett. to recover the sum of 'JUO, value of a .dishonoured promissory note, and ,£3 in-# terest. • , ' The Magistrate said:—"The company claims to recover ,£4O on a promissory 4 note dated. August 9,. 1909, made by Ihomas McCarthy and payable four months after date. The note purports' to be endorsed by defendant Fitchett, antk was dishonoured on presentment. Fitchett alleges that the endorsement on th® note is not his, but is a forgery. On comparing the endorsement on the notesued* on and on two other notes, with the admitted signatures of Fitchett on two receipts and on a note of dishonour, I. anr of opinion that the endorsements are not his, but are forgeries by one man. Fur-' ther, on comparing the endorsements with» a letter purporting to bo written by T, M Carthy (since' deceased), in which thw defendant's name occurs twice, I tim of 1 opinion that the person who wrote the' letter, also wrote the endorsements. My opinion is strengthened, by a farther conn paiison of defendant's nam© written on' note signed by ' Thomafi ' M Carthy.- On the evidence, of tho • defendant, which I absolutely believe, and on my own opinion based on the comparw sons mentioned, I have no' hesitation insaying'that the endorsement on the'bilL sued on is a forgery. Defendant certainly received notices of dishonour of bills made by M'Carthy, but he states that he attached no importance to that, and simply passed the notico on 'tis M'Carthy." V ; . ; " Judgment was accordingly given for. de*. fendant. Mr.' F. G. Bolton . appeared for the plaintiff, and Mr. C. R. Dix for defendant.