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RESIDENT MAGISTRATE'S COURT

[Before O. Curtis Esq., E.M.] George Moring Wright, of Motueka Valley accommodation house, v. Francis Kite.— Claim for £28 13s 3d, of which the following are the particulars : — Promissory Dobe dated llth Mny, drawn by defendant in favor of the plaintiff and due on the 14th June last £14 10s 9d. Money lent on 1.0. U. on the Oth March, £G ; Money lent on 18' h January, £8 2s 3. i. Mr Kingdon appeared for the plaintiff and Mr Fell for the defendant. Tbe plaintiff deposed that the money as charged in the account had been lent to the defendant and not repaid. Under cross-examination he stated that he could not say how long the defend ant stayed in his hou.e. Did not know whether it was a week, a month, a year, or ten years. He had charged for board and lodging but, did nob know how much. The sums were lent as stated in the bill of particulars and not in small amounts to spend in drink. He could not tell what the defendant did with the money. He himself had no other dealings with him than as a publican. This Waß tbe case for the pli-intiff. Francis Kite, the defendant, said that he lived at Slippery Creek, in the Sherry. He could not resist drink, and whenever he gob to a public house he wenb in for a burst. He did not know whether the f romiß3ory note and I, 0. U. were his or not. Wright said to him wben he got there, " I never charge you drinking fellows for board and lodgings." He (plaintiff) Baid be would lend the defendant 5s or so from time to time and he could spend it on drink, and then have more money for the same purpose. He did not know whether he spent £8 or how much. David Fox heard the plaintiff lend 5s to the defendant in the woolshed on the understanding that he was to spend it in drink, and heard the same thing repeated in tha bar. Mr Kingdon asked the Magistrate to look at the promissory note and 1.0. U. which 1 were perfectly genuine documents. His Worship, after carefully examining the former, said that he noticed that in the body of the note the word " four " had been altered to " fourteen," and that an alteration had also been made in the figures, the figure " 1 " having been placed before the " 4." Counsel having addressed the Bench, His Worship gave judgment for the defendant with costs £2 2s. He added that he felt bound to comment upon the conduct of the plaintiff in the box, which was the most disgraceful he had ever witnessed in a Court of Justice. It was impossible to believe a single word he said, and he had considerable doubts whether he ought not to order his prosecution for forgery. Wilkins & Field v Samuel McNab, of Blenheim : Judgment summons for £35 7s sd. There was no appearance of the defen dant, who was ordered to pay the amount claimed and costs £2 53 within one month, or in default to be imprisoned in Picton gaol for two months. Fletcher v Lash— Claim for £25 16s Gd, amount due for interest. Judgment for plaintiff with costs £2 15s. Mr Harley appeared for the plaintiff. E. J. Warner v Lewis Pitts. — Claim for £3 lis for goods supplied. Judgment for amount and costs -Is. E. J. Warner v J. E. Boyce.— Claim for £3 for goods supplied. Judgment for amount and costs 7s. C. J. Harley v J. Malcolm.— Claim for £5 lGs 3d amount of promissory note and interest. Judgment for amount and costs 10s. Patterson v Williams.— Claim for £8 14s Bd. Judgment for amount and costs 10s.

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/NEM18860831.2.7

Bibliographic details

RESIDENT MAGISTRATE'S COURT, Nelson Evening Mail, Volume XX, Issue 207, 31 August 1886

Word Count
631

RESIDENT MAGISTRATE'S COURT Nelson Evening Mail, Volume XX, Issue 207, 31 August 1886

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