THE OAMARU DISTRICT

Otago Daily Times, Issue 24407, 19 September 1940, Page 12

THE OAMARU DISTRICT

CLAIM BY LODGE CHEQUE TRANSACTIONS VERDICT FOR PLAINTIFF AN INTERESTING JUDGMENT Mr H. W. Bundle, S.M., gave his reserved Judgment in the Oamaru Magistrate’s Court yesterday morning in favour of the Loyal Band of Friendship Lodge, Manchester Unity, Independent Order of Oddfellows, Kakanui, in the claim by the lodge against J. R. McGregor, storekeeper, Kakanul, and the Commercial Bank of Australia. Ltd., Oamaru. for the recovery of £4B 9s tOd. The statement of claim set out that lire plaintiff was at all times, and still was. the true owner of certain cheques, which were stolen from the plaintiff by W. G Wilson, deceased. Mr J. H, Kemnitz (instructed by Messrs Sinclair and Stevenson, Dunedin) appeared for the plaintiff; Mr C, Zimmermann for J. R. McGregor: Mr A. R. Tait for the Commercial Bank: and the Public Trustee, who had been joined as a defendant, was represented by Mr M H. R, Jones. Inadequate Inquiries In his judgment, Mr Bundle said the claim arose in respect of certain cheques belonging to the plaintiff lodge, which were stolen by a servant of the lodge and cashed by the defendant, McGregor, who paid them into his account with the defendant bank, which collected them. W G. Wilson, secretary of the plaintiff lodge, was a customer of the defendant, McGregor, and was secretary of the lodge in 1939 and up to his death on March 13, 1940, During November and December, 1939, Wilson received four cheques, the subject of this action, and fraudulently converted them, cashing thejn at the defendant’s store at Kakanui. They were cashed by Mrs McGregor, who managed her husband’s business. She did not make any inquiries from Wilson, and cashed the cheques at his request almost as a matter of course , , He was unable to see what possible defence McGregor could have to the action for damages In respect to the three cheques for £l9 3s, £5 16s 10d, and £l3 10s, They were clearly marked " not negotiable," and section 81 of the Bills of Exchange Act, 1908, estopped the defendant from claiming any title. As to the cheque for £lO, drawn by the lodge and payable to S. Hill and crossed, it was endorsed S. Hill. W. G. Wilson, secretary of the Loyal Band of Friendship Lodge Admittedly, no request was made by McGregor to Wilson for an explanation a a to ■ his possession of the cheque, or the reason for cashing it, and McGregor musl accept responsibility for such negligence In regard to the bank, his Worship said, the position was somewhat different. Section 82 of the Bills of Exchange Act, 1908, protected a bank which in good faith and without negligence received payment for a customer of a cheque crossed generally or specifically to himself The customer had no title oi a defective title thereto. The banker did not incur any liability to the true owner of the cheque by reason only of having received such payment. The defendant bank admitted that it had received the cheques. It said that it made inquiries from the customer as to the reason for such cheques being in his possession, and that the answers to such inquiries were accepted as satisfactory, and the cheques were collected and placed to the credit of McGregor’s account at the bank. He had carefully considered the evidence given in this connection by Moore and Blomfield, manager and teller respectively He had to consider Moore’s statement in effect that more careful inquiries should be made if the amount of a cheque was large than if the amount was small Obligations of Bankers

There was some dispute between the bank officials and Mrs McGregor and her son as to what inquiries were made, his Worship said, and as to the explanations given regarding the cheques. He did not feel called upon to determine which version he should accept. It appeared to him abundantly clear that a casual inspection of each of the cheques was sufficient to put the bank officers on their guard to make careful and, in fact, searching inquiries as to how the cheques came into McGregor’s hands, or from Wilson why they were cashed by him at a country store. To accept as sufficient explanation the statement from McGregor or his agent that the cheques were cashed frir the secretary of the lodge for payment of accounts seemed to him a quite inadequate inquiry. No inquiry was made whether the lodge had a banking account. As a matter of common knowledge, il was almost certain that it would have, yet no inquiries were made by the bank Again no inquiries were made as to Ihe treasurer This line of inquiry was so obvious and self-evident that it hardly reouired stating. The duty of bankers, the magistrate said, had been the subject of many decisions In the case Francis and Taylor. Ltd v. the Commercial Bank of Australia the law was extensively discussed

lie found without any question that the defendant bank was clearly negligent in not making further inquiries. The inquiries made according to the evidence of Moore and Blomfield were only casual. In these circumstances the bank could not claim the protection afforded by section 82. The cheque for £lO payable to Hill might be in a somewhat different position from the others, but to a banker particularly the weird endorsement should have been sufficient to put the bank to careful inquiry, even though the cheque was not marked “ not negotiable.” Each of the defendants, in his opinion, was clearly severally liable for damages Cor tire amount claimed. The Public Trustee, as administrato: ol the estate of W. G. Wilson, had been served with third-party notice It was stated that the only assets in the estate were the proceeds of life insurance policies which, it was claimed, were protected, and the Public Trustee did not desire to be represented by counsel. It might well be that either of the two defendants had a right of indemnity against Wilson s estate, but this appeared to be a right of little value •Judgment Entered Judgment would, therefore, be given for the plaintiff lodge against the defendants McGregor and the Commercial Bank for £4B 9s lOd, the full amount claimed, with costs (£2 11s), witnesses’ expenses (£1). and solicitor’s fee (£4 3s). KINEMA ENTERTAINMENTS MAJESTIC THEATRE Marlene Dietrich returns to the screen as a belle of the old West in Universal’s “ Destry Rides Again,” to be screened again to-night and on Friday. Miss Dietrich appears with James Stewart, and they head an unusually strong supporting cast, including such well-known players as Mischa Auer, Charles Winninger, Brian Donlevy, Irene Hervey, Una Merkel. Allen Jenkins, Warren Hymer, Samuel S Hinds, Billy Gilbert and others. In sharp contrast to her recent screen roles, Miss Dietrich is seen as a fighting, singing loving entertainer in a frontier bar-room where she sings .cowboy songs to the rowdy Westerners. She squares off with Una Merkel in an epic fist fight that has been rated the feminine counterpart of the great battle in “ The Spoilers.” Included In the supports are “ Bullets and Ballads,” the locale being in a Western “ Dude ” ranch where the cream of America’s radio stars are heard OPERA HOUSE “ From Manger to Cross.” —An unusual programme is being screened at the -Opera House at the special matinee this afternoon and to-night. The main feature is “ From Manger to Cross,” an inspiring and reverent picture tracing the life of Christ. The supporting feature is a timely film entitled " Our Royal Heritage,” which shows the might of the British forces and industries. HERD IMPROVEMENT PLAN ADDRESS BY MR C. HOW Mr Colin How, consulting officer jt the New Zealand Dairy Board, spoke to farmers of the Enfield district on Tuesday night on the herd Improvement plan recently instituted by the Herd Recording Council of the New Zealand Dairy Board. Mr Hellewell presided, and at the conclusion of the address a vote of thanks was conveyed to the speaker by Mr J McLeod. Consistent herd recording, Mr How said was essentially one of the main factors in educating the dairy farmer to raise tis plane of farm and stock management. To carry out the work, the Dairy Board had appointed consulting officers who were contacting farmers, farmers' unions, and young farmers’ clubs throughout the Dominion, to disseminate and obtain facts, and explore all avenues possible to improve the industry. It was necessary for the future well-being of the industry to have cattle which could produce con sistently over a long period of years, rather than those with a very high production which were able to maintain that production for only a short period. It it was possible to increase the average life of the dairy cows by one year it would mean a saving to the dairy industry of £500.000 a year in replacement costs If the production of butter-fat was low and the farmer was in the unfortunate position of having experienced herd and dairy farm troubles, the board could help by discussing the matters with him in a practical manner.

If butter-fat production could oe increased by 101 b per cow, on to-day’s prices, Mr How said, it would ..lean an increase of about £1.200,000 a year to the dairy farmers in the Dominion Two important factors in increasing production were by having better cows, and by the better feeding of the stock. There was a greater need for increased production to-day than ever before, not only to carry on the war to a successful issue but also to feed the vanquished as well as the victors whilst reorganisation and reconstruction were in progress. They should be producing to the limit of their capacity, especially in dairy products, and what could not be sent overseas should be stored in New Zealand, so that when the time came Great Britain would be able to release food supplies to warstricken countries. SUMMER SHOW ALTERATIONS TO SCHEDULE The schedule of the North Otago Agricultural and Pastoral Association’s summer show will shortly be ready for distribution, To conform with the restrictions on the consumption of petrol and to save time and expense in connection with running the show, the committee decided to hold a one-day show this year, and the date chosen was Saturday. November 23 The alteration to the schedule Includes the omission of two classes in fat sheep and the two pony trots previously held on the first day. The preliminary runs of the dog trials will be held on the day before the show. In knitting and fancy work there has been added a class for wool rugs (fine), and the Woolworth Cup will be presented to the winner of section 25 for children 14 years and over. Altogether, there will be a full day’s programme of events, which will be required to commence at least one hour earlier than usual. Kwo Hogget Competition The committee has decided to hold the ewe hosget competition as usual The date will be advertised later. ITEMS OF INTEREST IN AND ABOUT TOWN Civil Claims.—Judgment by default was given for the plaintiffs in the following civil claims heard before Mr H. W. Bundle. S.M., at the Magistrate's Court yesterday morning:—Lawrence Arthur Rhodes v. Thomas Clare. £7 and costs (£3 4s 6d); James Grant v. Victor Stanley Campbell, £26 and costs (£4 7s 6d). aiid order Cor possession on or before October 2; Ernest Mayfield Sinclair v. Edward Armstrong. £4 3s 3d and costs (£1 9s 6d). VVaianakarua Table Tennis.—ln a table tennis match played between the Waianakarua Club and the employees of the Moeraki Estate, the Waianakarua team defeated the visitors by 10 matches to 5. In the return match the Moeraki Estate team reversed the decision, winning by nine matches to eight. Waianakarua Notes.—A branch ol the Red Cross has been formed in Waianakarua, with Mrs J. Rawcliffe as chairwoman and with Mr A. McKerrow as secretary. A Sewing Guild has also been formed, and the children of the district have been active with a " bottle drive.” Spring Show Judges.—The judges tor the North Otago Horticultural Society’s spring show will be Mr H. T. Trevena (Dunedin), cut blooms; Mesdames I-I. S. Orbell and J. C. Nichols, decorative; Mrs D. Thomson, children’s sections. QUEEN CARNIVAL FUND

The following donations are acknowledged Waitaki Boys’ High School Sports Committee. £4O: Andrew Hamilton, £25; Windsor Committee, £ls; Mrs J. Bee and family. £S; J. T. Adams, £2 2s: J. Crawley, £1: Staff Ireland and Co. (weekly contribution), 13s 2d; J. Cross, 10s; H. Hlder, 10s; G. Donaldson, 10s; Charlie Moon, 10s; “Anonymous.” ss; “ Voluntary,” ss.

Patriotic: Fund Windsor Committee (result of euchre) £l3.

PATRIOTIC CONCERT AIR FORCE QUEEN TUESDAY NIGHT’S ENTERTAINMENT The Opera House was filled with an appreciative audience on Tuesday night, when a patriotic concert was held in aid of the Air Force Queen, Miss Mary Pratt. Unfortunately, Miss Pratt was indisposed and was unable to sing, but she received rounds of applause when she was presented bv the Mayor (Mr L. J. Familton) Four of her nine “ countesses " were presented by Mr A. C. Cameron (chairman of the Central Co-ordinating Committee). Mr Cameron stressed the need for a rehabilitation fund to help the men who returned from the war, and broke down subsequently so that they needed assistance. All the money collected would be invested and used for the rehabilitation of Otago soldiers, sailors and airmen, who, they hoped, would return from the present war. Those were the reasons for the Queen Carnival. The Government would have no jurisdiction or control over the funds, which would be administered by a committee representative of the province, and advisory committees would be set up in each outlying centre. A bright and varied programme was presented, Mr Lex Macdonald, the wellknown Dunedin baritone, rendering items in place of Miss Pratt. Messrs J McLean and J. Weir, assisted by Mr G. Dorward at the piano, led the audience in community singing numbers. Others contributing to the programme were; The Oamaru Savage Club (orchestral numbers), Miss Lexie Mathieson (Dunedin; elocutionary items). Miss Doris Wilson. Mr R. W. Stevenson (songs), Mr and Mrs H. McDonnell (electric guitar numbers). Special mention should be made of the Savage Club, which not only supplied its orchestra, but also a fine trio in the Great Chief (Mr J. McMillan), who played the accompaniments for two of his fellow savages, Messrs Oliver and Stevenson. Mrs Gordon Donaldson played all the other accompaniments in her usual efficient manner. The song leaders were at the top of their form, and received a ready response from the audience. During intervals, the flag was carried round by nurses from the Oamaru Public Hospital, and the appeal was generously responded to. The Mayor, on behalf 01 the citizens, expressed gratification at the creditable amount collected, and thanked the, Savage Club Orchestra, the entertain ers, both visiting and local, the organiser (Mr M. F, E. Cooney), song leaders, and Mr S. Hook (stage manager). NORTH OTAGO SPORTS NEWS OF THE WEEK Hockey: Walker-Hall Shield Saturday’s match between South End (Timaru) and Oamaru B, on King George’s Park, for the semi-final of the /WalkerHall Shield, proved to be one of the best played on that ground for a considerable time. Oamaru B will travel to Timaru some time this month to meet Thistle (Ashburton) to decide the winner of the shield. The mainstays of the local side on Saturday were the full-backs, especially I. Sherwin, who saved many desperate situations. Reference should also b£ made to the goalie. J. McCaffery, who played his best game to date. Of the forward line, N. Goodall, G. Maynard, W. Thomas, and R. Brown were consistently on the ball, and N. Whitburn on the wing was always dangerous.

Miniature Rifles Those clubs that did not close down during the season through a shortage of ammunition have now concluded the season’s activities. The year was marked by the absence of championship shoots, and very few i interciub matches were fired, these matches being mainly confined to friendly matches between the town clubs. The shortage of ammunition was a severe setback for most clubs, although some clubs were fortunate in having enough ammunition left over from the previous season to see them through. The standard of shooting was high, in spite of the fact that practice shoots were confined to a minimum. Even if ammunition can be obtained for next season’s shooting, the clubs will suffer a loss of junior members. The outlook for the Volunteer Club in this respect, however, is very bright, a« members of the National Reserve will no doubt support the club while the territorials are in camp or on active service Golf.—With a score of 3 down in Saturday’s bogey match, L. McCallum won the Maude Cup for the best aggregate of three of the monthly bogey matches during the season. The runner-up was A., Mcßeath. Nicolson beat D. McCulloch 1 up, and will thus enter the final in the C Grade championship Mollison Cup.—Old Boys are to be congratulated on finishing up the season as the winners of the Markham and Mollison Cups. The game against Excelsior for the Mollison Cup on Saturday opened in a somewhat sensational manner, vvith G. Henderson scoring two tries in the first eight minutes, and, with a lead at one stage of 11—3, it looked as if Excelsior would annex the trophy. Field goals by Gardiner and Easton—Easton’s was a remarkable left-footer —a drop-kicked penalty goal from halfway by Easton, and tries by Graham and Borrie, however, left Old Bovs comfortable winners by 19 points to 11. Henderson’s tries • came from a brilliant run from halfway and from following up smartly, but after this he seldom saw the ball, or he might easily have enhanced his reputation as a speedy threequarter. Greaves and Gillies went well in the Blues’ five-eighths line, and Harrison. Campbell, and Bee were hard workers in the forwards Easton’s line kicking was very reliable and Gardiner got through his work in good style. This young player promises to be one of the outstanding backs in North Otago. Mclntyre filled a vacancy in the Old Boys fiveeighths line, and Graham, Borrie, Twaddle and Perry were the pick of the forwards. MINIATURE RIFLES VOLUNTEERS - CLUB An enjoyable social evening marked the close of the Volunteers’ Miniature Rifle Club season on Tuesday night. Mr E. E. Beswarick presented the trophies as follows:—Club Championship, R. Hedges: runner-up in competition (Mr R. Hedges’s cup), J. Carlson: aggregate cup, R. Luxon; most improved shot (Mr Hedges’s trophy). A C. McPherson Weekly Scores Oamaru Club,—P. Shave 79, O. Glynn 78, W May 78, H. Brant 78. E. Roney 78, J. Dunn 78, E. Sinclair 77. G, Doran 77, R. Hinkley 77, I. Hedges 76. E Taylor 76, S. Roney 76, R. Allen 76, J. Nimmo 76. J. May 74, E. Henderson 74. R. McEwan 74, D. Richardson 74, V. Sanders 74, M Jordan 73, F. Cockburn 73. F. Fahey 73, R. Roney 72, F. Peterson 72, E. Swinard 72, R. Swinard 70. X. C. Swinard 70 W Johnston 68, L Brant 66. MINISTER OF EDUCATION VISIT TO OAMARU The Minister of Education and Justice, Mr H G. R. Mason, visited Oamaru yesterday and inspected the Waltakl Boys’ and the Waitaki Girls’ High Schools. He was conducted through the boys’ school by the rector (Mr F. Milner), and through the girls’ school by the principal (Miss J, B. Wilson). After his inspection of the secondary schools Mr Mason paid a visit to the Oamaru South School, when he was accompanied by the Mayor (Mr L. J. K. Familton), members of the School Committee, and the headmaster (Mr H Heward). The Minister was also interviewed by the Mayor and the Deputy Mayor (Mr J. C. Kirkncss) regarding the approach to the centennial rest room through the courthouse grounds. The Minister promised consideration of the proposal, to which he appeared to be sympathetic PERSONAL Visitors to the Town Queen’s Hotel.—Miss J. G. Galloway, Miss L. D. Galloway, Mr Colin Howe, Mr H. Mclntosh, Mr L. Waller (Christchurch); Mr and Mrs H. Wilson, Mr A. R. Hislop, Mr E. Roberts, Mr G. D. King, Mr Morgan, Mr W. B. Moffat (Dunedin): Mr C Gillies (Timaru).