A PECULIAR LAW POINT.

New Zealand Herald, Volume XLI, Issue 12547, 14 April 1904, Page 6

A PECULIAR LAW POINT.

[liV TELEGRAPH.—PRESS ASSOCIATION.]

Wy. ua \gton", Wed acs d a . Dr.. .McAhthtk, S.M., delivered judgment yesterday in the case recently heard of \V. G. Sotnerville, solicitor, v, Samuel J. Gibbons, claim £50 7s 9d. The plaintiff's statement of claim set forth that he was the holder of a cheque made, finned, and issued by defendant, dated ilay 13, 1902. and drawn on the Bank of New Zealand. Marten, for £44 ss. and tii.it said cheque was duly presented for payment, and was dishonoured, and defendant had not paid same or any part thereof. His Worship said the cheque Mas made bv defendant and given by him to on;.* Livingstone, as defendant said, in payment ol" wagers, which had been lost by him to Livingstone at totalisator odds. It was then negotiated by Livingstone to plaintiff, who asserted he received it without any notice that the cheque was in payment of wagers. After reviewing the evidence His Worship said if. was the duty of the plaintiff to have inquired further before taking the cheque. In His Worship's opinion the cheque was given for wagers made at totalisator odds, and the plaintiff might have easily learnt this before he accepted it. If then the cheque was divert as His Worship had stated, could plaintiff recover? His Worship thought not, and after citing authorities said, "J«am therefore of opinion that the cheque was taken for an illegal consideration, that that defect in title cannot be remedied, that plaintiff had at 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." JudgI ment was foi the defendant, without costs. ■ Mr. Young, for plaintiff, asked leave to ap- ! peal, as the question was of considerable importance. The application was granted.