£200 GAMBLING DEBT

Manawatu Times, Volume XLIX, Issue 2311, 2 December 1925, Page 11

£2OO GAMBLING DEBT

FARMER'S ALLEGATION AGAINST CONFECTIONER. FORCED TCI ACCEPT NON-SUIT. A cose as potential as it was brief was heard .before. Mr. J. L, Stout, 5.M.,, -a£ ;tlie Palmerston North Court yesterday,' whan W. H. Hickson, farmer, of Utuwal, proceeded against Patrick • Cunningham, confectioner, of Palmerston North,. claiming the sum of £2OO, as moneys allegedly loaned and advanced in. June or July last. Mr. H. R. Cooper appeared fox plaintiff arid Mr. A. M. Ongley for defendant.. ... Counsel'fori plaintiff said that the sum was- really £207, but the claim was reduced to £2OO to bring It within the jurisdiction of the Magistrate’s Court.

Counsel called defendant, who de nied that he owed plaintiff any money ,and denied also that he Jiao made offers of .820 and £lO to plaintiff in payment. Mr. Cooper; “Do you owe him ant money.for gambling ?” Mr. Ongley: “i object to that question." Mr, Stout: .“On what grounds ?”

Mr. Ongley; “In that defendant renders himself liable to prosecution. Under the Section of the Act, the amount- In that ease ■is not recoverable, and no action can be brought against- defendant. Mr. Cooper Is not entitled to call evidence to show that defendant owes money for gam bling. I object’To the calling of evidence of another claim. To Mr. Cooper, witness said he did not owe defendant money on any account, nor did ho owe him any in June or July. Mr. Cooper (to the Bench): “Then I must accept a non-suit.”

Costs were entered against plaintiff and defendant was allowed expenses, 15/-.