MONEY LENT AT CARDS

New Zealand Herald, Volume LXX, Issue 21639, 3 November 1933, Page 9

MONEY LENT AT CARDS

CLAIM FOR PAYMENT FAILS ECHO OF GAME TWO YEARS AGO [by telegraph—OWN correspondent] DUXEDIN. Thursday A debt alleged to have been incurred at cards figured as a subject of a claim in the Magistrate's Court this morning. Robert Johnson, manufacturer, proceeded against John Simpson, licensee of the Rugby Hotel, claiming to recover £ls 10s alleged to be the balance of an amount lent to defendant during a game of poker over two years ago. Mr. A. G. Neil!, who appeared for plaintiff, said the claim represented the balance of £3O 10s lent by Johnson to Simpson on the night of July /, 1931. Simpson tendered a cheque for £lO to Johnson the following day and paid a further £5 in September of this year, thus leaving a balance of £ls 10s unpaid. Counsel said he understood that defendant intended to invoke the aid of the Gaming Act, but plaintiff proposed to take the opportunity of placing the facts before the Court. Plaintiff then gave evidence of having lent defendant various amounts during a game of poker. Mr. E. J. Anderson, for defendant: So this was a poker school ? —Yes. Counsel: Then this money is payment for a gambling debt? —No, I was a loser that night. Counsel: But you were gambling?— Yes. Mr. Anderson, to the magistrate: I do not know that I should _ go any further, sir. I ask for a nonsuit. The Magistrate: Yes. The Court cannot be used as an instrument to enforce payment of a debt of this nature. Plaintiff was nonsuited, costs, £2 2s, being allowed against him.