ALLEGED POKER DEBT

Dominion, Volume 27, Issue 34, 3 November 1933, Page 13

ALLEGED POKER DEBT

Claim for Recovery

PLAINTIFF NONSUITED

Dominion Special Service.

Dunedin, November 2. „ An allegedly unpaid poker debt figured as the subject of a novel claim In the Magistrate’s Court this morning, when Robert Johnson, manufacturer, proceeded against John Simpson, licensee of the Rugby Hotel, claiming to recover £l5/10/- as the balance of an amount said to have been lent to Simpson by Johnson during the course of a game of poker over two years ago. After a short hearing Johnson was nonsuited, the magistrate pointing out that the Court could not be used as -an instrument to enforce a debt of this nature. Mr. A. G. Neill, for plitintift, said the claim represented the balance of an amount of £3O/10/- lent by Johnswi to Simpson on the night of July i", 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 the balance of £l5/10/- unpaid. Mr. Neill understood that defendant intended to invoke the aid of the Ginning Act and have Johnson nonsuited. However, the latter proposed to take the opportunity of placing thg facts before the Court Johnson then gave evidence as to having lent Simpson various amounts during the progress of a game of poker.

Mr. E. J. Anderson, for defendant: So this was a poker school?—“Yes.” Counsel: Then this money is payment for a gambling debt? —“No, I was the loser that night.” Counsel:'But you were gambling? — “Yes.”

Mr.' Anderson, to the Magistrate: I don’t know that I should go any further. sir. I ask for n nonsuit. Mr. Neill intimated that he was prepared to accept a nonsuit. The Magistrate: Yes, the Court cannot be used as an instrument to enforce the payment of a debt of this nature.

Johnson was nonsuited, costs of £2 2/- being allowed against him.