A Turf Commission Case.

Taranaki Daily News, Volume XLVII, Issue 7908, 25 August 1905, Page 3

A Turf Commission Case.

Sir Robert Stout's Comments. (Per Press Asswiiation.) WELLINGTON, Aug. 24. Judgment was given to-day by the C-hiei Justice in the case in which John Charles Jones sued FrederickHilton, a turf commission agent, for £42, the amount of a cheque drawn in favour of John McWilliams, paid by the latter to Jones, and subsequently dishonoured by the tank on account of payment being stopped by Hilton.

His Honour said he was of opinion, from all the circumstances, especially from the relationship between plaintiff and McWilliams, that it was not an honest transfer of a cheque from McWilliams to him, and that plaintiff took the cheque knowing that it had been dishonoured, and knowing that there was something wrong with the cheque. It was clear McWilliams was really suing, Jones lending his name in order to try and recover the money won by McWilliams from the defendant. The relationship between plaintiff and McWilliams showed that plaintiff ought ito have known it was [not a bona fide transaction. Judgment would go for defendant. Defendant, as well as McWilliams, had been engaged in an illegal transaction, but he did not know if that was sufficient to warrant him in refusing Hilton cos'ts altogether. Were he to do so it might encourage those Who have no claim whatever, because of an illegal transaction, in bringing such actions to Court. Defendant would be allowed £l2 12s costs, witnesses' expenses and disbursements. Documents in the case were ordered to be impounded.