A Double Barrelled Verdict

Feilding Star, Volume V, Issue 30, 13 March 1884, Page 2

A Double Barrelled Verdict

Ik the cue Haloombb and Shbbwill t W. Whunb for the amount of a di«---i honored cheque, the Kenident Magistrate I allowed a document to stand as a "set off" which represented, not a money ralar, bu( the «xaet raiue of the pap^r it was

written on, vie, nil. The order in question was drawn in favor of defendant on tbe trustees of a bankrupt estate for £7 la 8d by a collector who was indebted to the defendant. The defendant presented the order to one of the plaintiff*, who was one of the trusteed in the bankrupt estate, who declined to acknowledge the order until he found that such an amount as that represented would be available from thu funds of the estate for the benefit of the drawer. As this was really a dishonor of the draft, the holder took it away and retained it in his possession. Notwithstanding this, his Worship *Ilowed this amount of £7 Is 8d to stand as set off, that is to say a dishonored order is made to pay a dishonored cheque. This is an entirely new departure in the law of cheques and bills of exchange, and will afford a most remarkable precedent This verdict also carries another within it, inasmuch as it declares that the trustees in a certain bankrupt estate are indebted to a collector for an amount which was only before the Court as evidence, and when the principal oarties had no possible opportunity of disputing the claim.