DISTRICT COURT.

South Canterbury Times, Issue 2637, 2 September 1881, Page 2

DISTRICT COURT.

TIMAUU—THIS DAY. (Before His Honor Judge Ward.) CIVIL CASE. Trustees in Estate of George Green v. G. H. Wildie. Mr White for plaintiffs, Mr Tosswill for defendant. This case, adjourned from last sitting, was proceeded with, the greater part of the morning being taken up with enquiries respecting two or three entries in the books of Wildie, Allan and Stumbles. Green is credited with a cheque for £l2B 4s 6d, which the defendant avers was never cashed, which, as far as the evidence goes, was never presented at the Bank, but which cannot now he found, and is believed by defendant to have been destroyed by him on receiving other smaller cheques in lieu of it. A second error in the books was that a cheque for half the above sum, which it is admitted and proved was paid was not credited to

Green. The line of defence went to show that though the smaller cheque was not credited, tha larger one still remained erroneously on the credit side of the books for Green ; that, in fact, the other half of that amount was still due to Wildie, Allan and Stumbles. Mr White contended that the defendant having brought the books of his firm to uphold his case, should be compelled to abide by them, even though they made against him, as they did. He suggested that, the £64 2s 3d was paid by Green to Wildie in return for a sum of £6O paid by the latter on Green’s account some time previously. Defendant, however, averred that (his was not the case, the £64 2s 3d being half the original cheque, and the £6O referred to belonging to a private transaction between himself and Green.

The question of the assignment of Green’s book debts to Wildie. Allan and Stumbles, was also discussed, Mr White arguing that the firm had no right to them under their mortgage, because they had not made a proper demand for the amount recorded by the mortgagee. His Honor reserved judgment in this case.