LOSS OF WARRANTS.

New Zealand Herald, Volume LVII, Issue 17471, 15 May 1920, Page 8

LOSS OF WARRANTS.

APPEAL TO SUPREME COURT. MAGISTRATE'S DECISION UPHELD Reserved judgment was delivered at the Supreme Court yesterday by Mr. Justice Sim, in an appeal from the decision given by Mr. J. W. Poynton, S.M., in tho case which Cecil Percy Marshall (Dr. Bamford, instructed by Messrs, Earl, Kent and Massey), claimed from Victor Thomas Dibble (Mr. Inder) the sum of £67 11* Bd, the amount of three warrants belonging to the appellant, stated to have been taken from the Soldiers' Club by some unauthorised person. Tho facts of the case as disclosed at the hearing were that last September the Soldier*' Financial Assistance Board at Wellington forwarded to the appellant in Auckland, a registered packet containing three warrants, payable to his order, for sums amounting to £6? lis Bd. The •packet was delivered to the respondent; a clerk at tho Soldiers' Club, and in accordance with the usual practice he placed it in a pigeon-hole behind the counter in tho office. Tho packet was not delivered to the appellant, and two days after it had been received by the respondent the warrants were cashed on forged endorsement*. The Judge held that though it was obvious the warrants had been stolen from the club, the magistrate's decision that nojjligence on the part of the respondent had not been established must be upheld. The appeal was dismissed with cost*, £5 ss, to the respondent.