Wednesday, March 14, 1849. Before Mr. Justice Chapman, and a Special Jury. Pickering v. Williams.

New Zealand Spectator and Cook's Strait Guardian, Volume V, Issue 378, 17 March 1849, Page 3

Wednesday, March 14, 1849. Before Mr. Justice Chapman, and a Special Jury. Pickering v. Williams.

This was an action to recover the sura of £416 13s. 4d., being the amount of a bill of exchange, May 13, 1841, drawn by the defendant, commonly known as Captain Wil- j liams, and accepted by Mr. David Scott, and which was discounted by the plaintiff. It appeared in evidence that the transaction took place at Auckland, where all the parties were at that time residing, but the bill was made payable at the Sydney Bank at Sydney. The bill was presented at maturity but not paid, and due notice was given of non-payment to the defendant. There were five issues in the action, — Ist, whether the defendant indorsed the bill ; — 2nd, whether it was duly presented ; — 3rd, whether due notice was given of the bill Leing dishonoured ; — 4th, whether a protest was necessary or not; — and sth, whether the bill vi as the property t>f the plaintiff. The trial lasted the whole day, and the Jury, after retiring for three hours, found for the [Jaintiff on the Ist, 2nd, 3rd, and* sth issues, and for the defendant on the 4th issue. Mr. Ross was counsel for the plaintiff, and Mr. King for the defendant. There was another action on the same bill against the acceptor, Mr. Scott ; but after the verdict in the former case, a judgment was consented to for the amount of the bill, and the cause withdrawn.