A PECULIAR CASE.

Manawatu Times, Volume XXVII, Issue 7956, 13 April 1904, Page 2

A PECULIAR CASE.

Dishonoured Wager Cheque

Amount Irrecoverable.

(Per Press Association.) v "Wellington, Last Night. Dr McArthur. S.M., delivered judgment to-day in the case recently heard of W. G-. Somerville, solicitor, v. Samuel J. Gibbons, claim jES9 7s 9d. His Worship said the plaintiff's (statement of claim set forth that he was the holder in due course or for the value of a cheque made, signed, and issued by the defendant, dated 13th May, 1902, and drawn oa the Bank of New Zealand at Matton for £44 ss, and that the said cheque was duly presented for payment and was dishonoured. Defendant had not paid same or any part thereof, wherefore plaintiff prayed for judgment for tbe amount of said cheque.and interest, with costs of the action.

His Worship said the cheque was made by defendant and was given by him to one Livingstone, as defendant said, in payment of wagers which had been lost by him to Livingstone at totalisator odds. It was then negotiated by Livingstone to plaintiff, who asserted that he received it in due course without any notice that the cheque was for payment of wagers. After reviewing the evidence his Worship said it was the duty of the plaintiff to have inquired further before taking the cheque. In bis Worship's opinion the cheque was given for wagers made at totalisator odds, and plaintiff mi^ht easily have learnt this before he accepted it. If then the cheque was given as his Worship had stated, could plaintiff recover ? His Worship thought not; and after citing authorities, said " I am therefore of opinion that the cheque was taken for an illegal consideration ; that that the defect in the title cannot be remedied; that plaintiff had an hand means of learning the nature of the consideration, but failed to avail himself of them, and"that by reason of the illegality of the consideration he cannot recover." Judgment was given for defendant without costs. Mr Young, for plaintiff, asked leave to appeal as the question was of considerable importance, and the application was granted.