AN ASSIGNED DEBT.

Dominion, Volume 4, Issue 1070, 8 March 1911, Page 7

AN ASSIGNED DEBT.

(Before Mr. W. G. Kiddell, S.M.) Reserved .iocision was delivered in a case in which Dunk and Pringle Ltd ■' motor and cycle lmoortor? Pnl™,,., North, assignor of the S C o,t ifnhu '"'I Cycle Co.. sued AV-U-OaS^J,

Wellington, to recover the sum of .£3l Is., money alleged to be owing by the defendant, to the Scjtt Motor and Cycle Co. The debt was assigned to the plaintiffs and notice, of the assignment was given to the defendant.

Mr. Von Hnast appeared for the plainriffs, and Mr. Fair for the defendant, who alleged, by way of a counter-claim, that about the month of February, mil), he sent his motor-car to the h'cott Motor mid Cycle Co. for a slight readjustment, and, that while in their possession, it was so negligently used that it was seriously damaged. Defendant further alleged that, in connection with tho repairs, rendered necessary by that negligent usage, he had .spent over J2O, and that, in addition, the car depreciated about -ElO3 : .:i vake. Defendant, therefore, claimed to set off tho damage and cost of. repairs against any claim by the assignees.

After reviewing the case at length, the magistrate decided that defendant could not set off unliquidated damages arising out of a tort on the part of tho Scott Jlotor and Cycle Company. Judgment was therefore given for nlaintiff on tho claim for J!U 125., with costs totalling £7 "s., and judgment also for plaintiff on the counter-claim, with solicitor's feo £2 Security for leave to anpeal was fixed at £7 7s.

POLICE CASES. MAINTENANCE. John James Jennings, who had been arrested yesterday morning, was charged with failing to nrovide for his unborn illegitimate chikl. Accused admitted paternity, and was ordered to find security for maintenance in a bond of =£50 and two sureties of, £25 each. .VAGRANCY. John Arthur Jackson,' who' had Ijeen found by night without lawful excuse on premises in Brougham Street, pleaded guilty to a charge of being a rogue and a vagabond. lie was sentenced to two months' imprisonment.

THREATENING BEHAVIOUR. James M'Donald and Arthur Thurlow admitted using threatening behaviour in Willis Street, thereby causing a breach of the peace.' Each accused was fined 405., with the alternative Of seven day's imprisonment, THE INEBRIATES. William Reynolds Scholefield was charged with drunkenness, and with procuring liquor during the currency of a prohibition order. For the first offence he. was fined- , 55., with tho option of 21 hours' imprisonment, and for tho second offence a fine of 40s. was imposed, default being fixed at seven days' imprisonment. Michael Geoghegan, for drunkenness, was fined 10s., in default 48 hours' imprisonment.

Charged with a similar offence, John Byrne received liito punishment.

Two first-offending inebriates, who die not appear, were fined the amount o; their bail (10s. each), in* default hours' imprisonment. Another first offender was convicted and discharged.