“TOOK A DOUBLE.”

Manawatu Herald, Volume L, Issue 3909, 19 February 1929, Page 3

“TOOK A DOUBLE.”

CLAIM IN (COURT FAILS. NO POWER TO RECOVER, “If this is a gambling debt it can’t be recovered,” said Mr. R. W. Tate, S.M., in the Magistrate’s Court in Waitara last week, during the heaijiiig of a civil! claim in •which William James Jones, described as a seaman, sought to recover £33 3s 6(1 from Ernest Alexander Johnston, tobacconist, of Stratford, and Tholmas Norman Taylor, a labourer, of Waitara. The statement of claim set out that £33 3s 6d was claimed upon “an account stated” between plaintiff and defendants. Plaintiff said he had done some business’ with Taylor. Johnston offered £l7 6s 6d in full settlement and witness refused to take it, because the amount owing was greater. The following week Johnston posted him a cheque for £l7 6s 6d, and he also received a slip showing contra account for £33 3s 6d, which Johnston had taken off and of which witness knew nothing. The Magistrate (perusing the slip): What’s this—l Kilmiss; Kilmezzo 51 In what language is this ? Witness: They are two horses. The Magistrate: Is this purchase money? ’ . Witness: I took a double in Auckland. The Magistrate: With defendants? Witness: Yes, The Magistrate: Yon mean to say that this is a bookimaking action. How do you expect to recover on that? If this is a gambling debt you can’t recover. The claim was dismissed and defendants were allowed £4 3s 0d costs.