RESIDENT MAGISTRATE'S COURT.

Cromwell Argus, Volume IV, Issue 201, 16 September 1873, Page 7

RESIDENT MAGISTRATE'S COURT.

Thursday, September 11, 1873. (Before IF. Lawrence Simpson, L'sq., R.M.) John Pkkkiam, v. Hugh Hughes.— Debt: £32 Is. 3d. Judgment was given for the amount claimed, with costs of Court; failing payment, distress ; failing distress, imprisonment in Dun. edin gaol for three months. M. Marshall v. J. Marshall.— Claim, £4 Gs. Settled out of Court. Charles Colclough u. Edwap.d Murrell.— Claim of £ls, amount of dishonoured acceptance. From the evidence given in this case, it appeared that one Smythies had given Murrell an acceptance at six months for the sum of £ls. Some time before the acceptance came to maturity, Colclough discounted it, paying Murrell £l3, by cheque. When the discounting transaction took place, some understanding was arrived at that Colclough should, failing the acceptance being duly honoured, sue Smythies, and obtain judg*

ment for tho £ls ; Murrell, on hia part, agreeing to withhold Cololottgh’s cheque till such judgment was obtained. The acceptance was not honoured, whereupon Colclough sued Smythiea and obtained judgment; and Murrell duly presented and obtained cash for Colclough’s cheque. The judgment against Smythies was never satisfied, however, and Colclough now sues Murrell, as drawer and endorser of the bill. Defendant pleaded that Colclough, as a matter of fact, had discounted the bill after it had been dishonoured, and that he had received a consider ration for taking the whole risk of the bill, — viz., the sum of two pounds. His Worship reserved his decision in the case j till next court-day.