COURTS AND OFFENCES.

Wanganui Herald, Volume XXXIX, Issue 11646, 25 August 1905, Page 5

COURTS AND OFFENCES.

An Illegal Transaction.

(Per United Press Association.) .. WELLINGTON, August 24. Judgment was given to-day by the Chief Justice in a case in which John Charlea Jones sued Frederick Hilton, a turf commission agent, for £42, the amount of a cheque drawn in favour of John McWilliams, paid. by the latter to Jones and subsequently dishonoured by the bank on account of payment being stopped by the defendant Hilton. His Honour said he was of opinion, from ! "all the circumstances, especially from the relationship between, the plaintiff and Mc» Williams, that it waa not. an honest transfer of a cheque, frpm Me Williams to him and that the plaintiff took the cheque knowing that it had-bee.n. dishonoured and knowing that there "was something wrong with the cheque, It-.wasclearMcWilliams was really suing Jones, lending- his .name in order to try and recover the money won by McWilliains from the defendant. The relationship between plaintiff and McWilliams showed that plaintiff ought to hay* known it was not a bona fide transaction. Judgment would go for the defendant. Dew fendant, as jrell as McWilliamsi had been, engaged in an illegal transaction, but he did not know if that was sufficient to warrant him in refusing Hilton costs altogether. Were he to do so it might encourage those who have no claim whatever, in 'bringing such actions into Court. Defends ant would be allowed £12 12» -costs,, witnesses' expenses, and disbursements. The documents in the case were ordered to be impounded