RESIDENT MAGISTRATE'S COURT This Day.

Poverty Bay Herald, Volume VII, Issue 1055, 29 June 1880, Page 2

RESIDENT MAGISTRATE'S COURT This Day.

(BeforeJM. Price, Esq., R.M.) Civil Cases. Graham & Co., against Mullooly, on j a cheque for £40 given by defendant to plaintiffs. Mr. W. L. Rees for defendant, and Mr. Brassey for plaintiffs. The claim and refusal to meet it may be stated as follows : Mullooly had given two promissory notes to Graham & 00. , amounting to £150. Subsequently Mullooly had supplied to the order of Graham & Co., goods and value to the amount of £90. Then Graham & 00., say give us a cheque for £40, which, with what we owe you, w ill balance the account between us. When you pay the cheque, we will return you the two promissory notes we hold of yours. Mullolley gives the cheque, which was presented to the Bank of New Zealand, through the Union Bank. Mr. Matthews of the former bank, says, I will pay the cheque, but I require you, in the interests of my client, that Graham & Co., shall give up the two promissory notes. But Graham & Co., demand payment of the cheque first. This being refused, Messrs Graham & Co., instruct their lawyer to sue. There was no dispute as to the accuracy of the transaction on both sides. It was a law point, and judgment was given against the plaintiffs. ; Public Trustee v. Greene. Claim, £5 15s. Judgment for plaintiff for amount and costs. Poverty Bay Highway Board v. Doug- ! las. Claim, £3. Judgment for amount and costs. Same v. Hale. Claim, £1 l.s. Judgment for amount and costs. Same v. Dick. Claim, £3 17s 6d. Judgment for plaintiff for amount and I Costs.