District Court.
STUBLEY V. OSBOBNE.
In the above case, which bears an import int les. on to business persons, the following issues were submitted to the jury, who retired at 9.20 to -
con. ider their verdiot and returned at 11.45 with the following answers : — 1. Did the defendant honestly believe that a crime had been committed when he swore the information before the J.P. . — No.
2. Did the defendant, before swear* iDg the information, take reasonable oare to inform himself as to the plain tiff 8 conduct after he had reoeived the defendant's cheque for £7 14s ; and did he sufficiently take into account circumstances consistent with plaintiff's honesty ? — No, but the jury consider tbat his want of business experienoe may have led him to commit an error of judgment.
3. Did the plaintiff represent to the defendant that Jamieson's cheque was a good one ?— Yes.
4. Was the defendant actuated in swearing the information by any indirect motive ? -Yes.
5. Was there an agreement be* tween plaintiff and defendant that the case should be withdrawn on the 24fch of December, 1897 ?— No.
G What damage, if any, is plaintiff entitled to ?- J615.
Hia Honor thereupon entered np judgment for the plaintiff with costs, and the jury were discharged.
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Manawatu Herald, 10 May 1898, Page 2
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209District Court. Manawatu Herald, 10 May 1898, Page 2
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