A Dannevirke Case

Manawatu Standard, Volume XL, Issue 7794, 19 March 1904, Page 5

A Dannevirke Case

A- Banker's Mistake.

At the Dannevirke S.M- Court yesterday, ii. i.l. >ivnn», acting-teller ia the Bnnk of Now iSouta Walo.*, Dur.nevirke, •ued Herey Dance to recover £10, atnouac alleged to bn,ye been paid ihe defendiuit in error. Tbo laitT, it appeared from the evidence, cashed in December)sst, "at tho bank, two cheques aggregating £54 lla. It was alleged oy the plaintiff that hohaipald^Bl 9i>. In his

'•vjdenoe he s-dd he gave defendant ona £20 note, 8 £5 notes, 4 £lnotes. aud Lls in slyer, deducting 2^ f .>r exchange. A.', the time Dance Beamed doabtiui »i'iout the money and whuß.es showed birn his ca^cnlacion of the two cbsques eqmllintj £64 11s. Defendant appeared saihfied and took the money away. At the end of the d+y witnoss found .^ sho'tige of £10 in his cash, and on enquiry the manager locatfd the deficiency irs D nco's chrques. Witness interviewad Dance and he denied having received too much monov.

Sergfc, Cruiekshank said he interviewed Dance on Boxing Day and ho then do-nit-d, in an agitated manfler, thai; be hud received th« £iO.

I'efei.dant in his evidence said that lie Itnew lie had to rccsired £'5i lls. There -n-as no rush of business ac the bank. The teller did not mark the cheques presented, but made sooie calculation on a piece of blotting paper. Witness received one £20 note, sis £o notes, four £L notes, and niue single He counted the money, then tied it up and put it in, his. pocket.. .On. reaching home he handed the money'to 'his mate. Kogers, and told iumto ccmut it. He did so, aud then they took iheir respective shares. Witness did not see the plaintiff till the following day, and then he showed Evans what money he had. The latter counted it. Witness said he denied emphatically 10 Ser^t. Cruickshank that ho had received the extra money.

Jas. H--|»ers, a former ■partner of Dance's, said the litter threw the roll o£ money on the table when they —ent to square up. Witness counted it, andthere was £54 9s. Witness toot £32 12s. his share.

Having h°ard furt'ner evidence relative to defendant's general transactions on the day he. cashed the. cheques, the Bench nonsuited plaiutift, each party to pay their own costs. .