A Peculiar Case

Southland Times, Issue 19102, 20 July 1903, Page 2

A Peculiar Case

On Thursday, before Mr S. K. McCurthy. S.M., Stephen Whelan. contractor, sued C JlcAndrew, labourer, for £4 17s (sd, alleged excess payment of wages. Mr Raymond for plaintiff ; Mr Stout for defendant. The ca.se for the plaintiff was that defendant had been working /or him with a dray »it .North Invercargill, and by arrangement with plaintiff served notice of lien on the Borough Council for a greater cum for wages than was properly owing to him. Tbo notice was certified to as correct by plaintiff, with, a stipulation that the defendant should hand over to hira the amount he received in excess. Afior the order had been : paid by the Council, plaintiff also paid defendant Jt-3 10s in cash for wages, but defendant had decliaed to refujid kny money nt nil. The defence was a complete deni.il of these allegations, and it was contend od that the time-sheet signed ny the plaintiff and sent In to the Borough I'ouucil ia connection with the lien uas fjulte correct. The defendant denied that tie had received any wages on account,.— The. Magistrate gave judgment for dolt-iidant, hpldinjj that men appearing in Court admitting having signed a bogus and fraudulent claim, such as plumtift alJeged he had done, should jiroduc; the strongest corroborative evidence before getting judgment in their Javcmr. .The same plaintiff was also suing t>so other employes, Kelkoyne and Tumlin, under similar circumstances, but after-- hear.ng his Worship's expression of opinion, Air Raymond withdrew the claims.