A STRANGE CASE.

Temuka Leader, Issue 1183, 27 May 1884, Page 2

A STRANGE CASE.

A peculiar case was heard at the Resident Magistrate's Court, at Invercargill, last Friday. A storekeeper in town sued a settler for the value of a cheque drawn by him and paid to plaintiff in the ordinary course of business for goodj supplied to a third party. Defendant; bad an account at the Bank, but when the cheque was presented there were no funds, hence the action. Defendant would not swear that the cheque was' not his, but told the following story. About the date it was drawn he arrived at an up country township with £l3 in cash, and put up for the night at a store, not a licensed house. Had some liquor, and was of opinion, from its effects, that he had been dragged. Had slept twenty-four hours after it, and on coming to his senses he found he had three shillings left. Had never been in the place before ; did not know the storekeeper, and did not gamble. He thought he had spent about ten shillings in liquor for himself and others. Was not aware that he had signed the cheque produced, and got no value for it: Together with the cash he missed, he must have spent £2O that night, if it had not been taken by unfair means. Defendant's counsel contended that the cheque was not negotiable, as it had a memo, endorsed on the back that it was to be paid only into ' U. Bank' to the account of the party in whose favor it was drawn, i.e., the ' npcountry storekeeper.' It was therefore not a legal tender for goods in a store, as plaintiff held. The Magistrate held that the memo, was not explicit enough to warrant such an assumption, and gave judgment for plaintiff, pointing out that the defendant had his remedy against the original holder of the cheque if be had not received value for it. Plaintiff produced two more cheques of defendant's which had been dishonored. The storekeeper who received the cheque has been before the Court on previous occasions for sly grog selling.