MAGISTRATE'S COURT.

New Zealand Herald, Volume LII, Issue 16024, 16 September 1915, Page 5

MAGISTRATE'S COURT.

AN ENDORSED CHEQUE.

An endorsed cheque was the subject of an action heard by Mr. C. C. Kettle, S.M., yesterday, when M. Marriott and Company (Mr. E. J. Prendergast), storekeepers, claimed from Gertrude Mary Brown (Mr. Allan Moody), the value of the cheque, £10. Evidence was given that a cheque signed by one " Mclvor Thomas," was cashed by the plaintiffs for the defendant. The cheque was cashed on condition that the defendant endorsed it. She did so. The cheque was returned by the bank, marked, "No account." The defendant said a man who represented himself to be the possessor of a title and immense wealth, asked her to cash the cheque for him. She told Mr. Marriott that she would not be liable for the amount when she endorsed the cheque. The magistrate gave judgment for plaintiff, and remarked that the case should not have come to Court.

NEIGHBOURS AT LAW. Judgment for plaintiff for £10, with costs, was given in the ' case in which John Daly Hayes (Mr. E. J. Prendergast) claimed £30 5s damages from Mary Foley (Mr. Hall Skelton). The circumstances were that the parties were neighbours living at Mount Eden. The trees on defendant's property shed their leaves on the roof of plaintiff's house, and the gutters were blocked. Mr. Skelton contended that neighbours living together had to put up with certain inconveniences. He also contended that actual damage had not been proved. Mr. Prendergast held that the fact that plaintiff had to clean out the gutters of his roof showed that damage had been done, and that the leaves were liable to rot the spouting. Leave to appeal, which Mr. Skelton applied for, was granted.