Magistrate's Court.

Hastings Standard, Volume XIII, Issue 4203, 9 July 1909, Page 8

Magistrate's Court.

(Before Mr S. E. McCarthy, S.M.) DRUNKENNESS. A first offender, within the meaning of the Act, was fined 20s, in default 7 days' imprisonment. DISORDERLY BEHAVIOUR. Moreha Te Hira, (Moleskin) \va s charged with having on June Ilth behaved in a manner whereby a breach of the peace may have been occasioned. Accused pleaded guilty and was convicted and fined 40s, and costs /s in default 7 days imprisonment. BREACH OF PROHIBITION ORDER. James Lynn, a prohibited person pleaded guilty to having entered licensed premises during the currency of a prohibition order. Fined 40s costs 7s, in default 7 days imprisonment. A SECONF) HAND TRANSACTION.

Myles Cassidy, second-hand dealei pleaded guilty to failing to enter up in a book kept for the purpose, a transaction, notifying the purchase of a second-hand watch. Mr G. Ebbett pleaded a technical breach of the Act, explaining that the entry was not made at the time of the transaction, but was made the next day. Convicted and discharged. UNSTAMPED RECEIPT. John Andrew Forbes, builder, was charged with issuing a receipt for the sum of £4 I2s 6d upon which he failed to attach a stamp. Mr Holderness appeared for defendant and stated that the receipt issued was only of a temporary nature, a footnote being added " a receipt will be sent." Mary Shaw deposed that she employed Forbes«rto do some work at her house, which he did not complete. She paid him before he completed the job. tendering him a £5 note and received the change. Defendant gave her a receipt which did not bear a stamp, to which she drew attention and defendant replied "that -«ou!d be all right, they can't do anything to you for that." Defendant in his evidence said that a properly stamped receipt was made out, but through an oversight was not handed to Mis Shaw. The Magistrate held that the document was a receipt and convicted defendant who was fined lOs and costs / S. CIVIL CASES. Judgment for plaintiff with costs was given in the following civil cases: —Clara Elwin v. T.J. Steele, £lO, costs 25s 6d; J. J. Fauiknor y. Alick Crerar, £2, costs lOs ; Annie Sinclair v. Ellen White, £2 2s, costs 16s; A. Runciman v. Mary Mohi, £lO 9s 3d, costs 35s 6d; A. Runciman v. Pita Mohi, £l6 lOs id, costs 30s 6d ; Logan, Williams and White v. Henry C. Edmonds and A. E. Warburton, £3 17s, costs 83. Judgment to be against Warburton alone. JUDGMENT SUMMONSES.

Logan, Williams and White v. Ernest Nelson £2 9s 5d to be paid in default seven day's imprisonment. . Richard Webb v. William Black £l3 3s 4d, to be paid forthwith in default six week's imprisonment. A LOST PROMISSORY NOTE. Dr Robert Nairn, for whom Mr H Hoiderness appeared, sued Alfred Arnory George (Mr Cress well) for £l3O, alleged to be due on a promissory note and interest. Robert Nairn, medical practitioner, deposed that he was the assignee of the book debts of Aliorpius Carry through the Official Assignee. He made a loss out of the assignment of ihe debts. Included in the book debts was a snm of £IBO owing by A. A. George. Believed he saw a promissory note for the the amount at the Bank of New South Wales, who would not discount it. When the accounts were handed to witness on May 4th, 1906, the p n was not with them. Witness thought the bill was pajable 12 months after dare. The date on the \lote was prior to Corry's bankruptcy. Saw the words "A. A. George" on the note. Witness had an endeavour to collect the aa;oant, b it unsuccessfully. ** To Mr Cresswell: The P.N. was certainly in existence when he took the assignment of the book debts. It was about a year after the assignment that he again remembered the P.N. Hid not know whether a p'ace of payment was fixed. Aliorpius Corry, carpenter, of Farndon, deposed that at one time "he was in H stings and had trans actions with A. A. George. He built his shop in Karamu road. The books (produced) were those kept in connection with witness' business at the time. There was an agreement drawn up in connection with the contract. The amount of the contract was £174 Os l%d. George gave witness a promissory note for £IOB. The amount owing on the building was £IOO, and £8 was added for interest. Tbe'p.n. was payable a % the Bank of New South Wales, and was signed in the presence of witness. The last t>avment witness received from defendant was on July 18th, 1905, and received the p.n. in December. He (witness) tried to discount the bill at the bank, but was unsuccessful. Fancied that he (witness) signed the rxn. on the back when he put it in the bank, and afterwards gave the rxn. to the Official Assignee Joseph Phillips deposed that he was foreman for Corry at the time that he built the shop for George Could not be sure whether he had ever seen the p.n. in question. To Mr Cresswell: It was a good many months after the assignment that he learnt of the existence of the promissory note. Prior to that he am wot know a p.n. had been given.

j Mr J. B. Jack's (Deputy-Official j Assignee) evidence was taken at New j Plymouth. I Mr Holderness contended that his { client was entitled to judgment if jMr George was indemnified. The note was endorsed by Corry and plaintiff. Henry Albert Mcssman, financial agent, Hastings, deposed to seeing | the P.N. in question, it having been ! brought to his office by Corry. It : was signed by A. A. George and i made payable to Corry. it was j brought to witness' office to disI count. Witness had frequently ! made application to defendant for ! payment of the sum. Witness saw ! the P.N. bt-fore Corry went bankrupt, i There were no replies received by | letter from defendant, but remembered defendant telling him that he " would do what he could for Dr Nairn." and asked witness to show him the promissory note, witness replying then it was lost out of the Official Assignee's office. Mr Cresswell said that Dr Nairn j admitted he knew nothing about the procedure of p.n.'s. Endorsement was not proved, and the instrument was valueless without it. The date of the loss was not proved, and if it were lost before the assignment, where did Dr Nairn come in ? An authority existed that an expressed promise to pay a lost bill, if given without due consideration, was void. Furthermore it was incumbent on plaintiff to prove not only the loss, but the destruction of the bill. If a bill was lost before it was overdue the holder had a right to go to the maker and ask for another bill. Mr Jack, in his position as Official Assignee, became automatically the holder of the p.n , and he was the only person who could give George an indemnity against less, Nairn's indemnity being valueless. ? r Jack neglected to give the indemnity, and if George paid now he was liable to be sued again on the document. Judgment was reserved. i BREACH OF AWARD I

John J. Cassin was charged with failing to keep a time and wages book in compliance with the Act. Defendant pleaded not guilty. Mr Gohns, Inspector of Factories, stated that defendant employed his brother and an assistant at a small wage, and on the defendants' premises he manufactured mattresses and sold in competition with Wellington firms who had to pay wages in terms of the award. He (the ini pector) owing to no wages sheet being kept was unable to ascertain correctly what rate of wages he paid. Judgment was given against defendant who was fined £l and 7s costs. (The Court then adjourned for lunch.) i Resuming, A "RACECOURSE LOAN. David Hogg sued E.J. Hains for ! £lO, money alleged to have been lent. Mr W. J. White appeared for ! plaintiff and Mr George Ebbett for defendant. The plaintiffs case was that he met defendant on the Hastings racecourse and he asked plaintiff for a loan of £lO, which he gave. The evidence showed that plaintiff was aware that the money was to be ysed for the purpose of betting. Defendant denied having borrowed money although he admitted that the cheque he received and which was endorsed by him was made out in his name. It was contended as an alternative that the amount was not recoverable under the Gaming Act. His Worship held that at the time >f the loan betting had not actually occurred but he gave judgment fcr defendant on the facts, with costs amounting to £2 2s. [Left Sitting]