MAGISTRATE'S COURT.

Taranaki Daily News, 13 February 1918, Page 2

MAGISTRATE'S COURT.

YESTERDAY'S SITTING. i =■ (Before Mr. A. Crooke, Ji-M.). At the sitting of the Magistrate's Court at New Plymouth yesterday, before Mr. A. Crooke, S.M., tlie following business was transacted: CIVIL CASES. Judgment was given for defendant by default in. the following undefended cases:—Alfred Woollor v. Bcrtlia Adaraa, £0 9s fld (costs 8s); Westport Coal Co. v. Rangihaiata, £1 13s Od (costs 225); Ani Matakatia and Roka Matnlcatia v. Wirenui Matakatea and another, £22 12s-fid (costs £1 9s). Greenway Bros. (Mr. H. R- Billing) applied for an order under a judgment summons against Ellen Poingdestre (Mr. A. Bewley) for £2O 3s MM. Atfer hearing the evidence of the debtor his Worship declined to make any order, GREENWAY v. WAHO KOMEKE. The hearing of the cose of David F. Greenway v. Waiho Komene—a claim for '£B9 which was commenced on Jan. 31, was continued. Mr. J. 15. Wilson appeared for plaintiff and Mr. P- B. Fitzherbert represented defendant. The claim was oh account of moneys lent, cows sold, goods supplied, and interc i and at tlie first hearing some difficulty arose as to the method of endorsement o? cheques by defendant and the casi i was adjourned for the purpose of taking 'evidence as to the practise of defendant in the matter. I Wm. J. Gray, farmer, Okato, said he recognised a cheque of Greenway's (produced) which defendant had brought to irim in part repayment of a loan- Rejgarding the endorsement of the cheque ' defendant had attempted to place, his ; endorsement on it, but it had been illegible, and. at his request witness endorsed the cheque for him. To Mr. Fitzherbert: Defendant did not pretend to write. His attempt to endorse the cheque was a failure. Mr. Greenway (re-called) said to MrFitzherbert he had received a cheque for ' £25 from Mr. Fischer on account of Waho. On April 8 Hie gave defendant a cheque for £25, which was received on receive repayment through Mr. Fischer in a few days. The loan was not repaid for some time. He had credited defendant witli the £5. The alterations in his leger entries wore through an error in writing up his accounts. | To Mr. Wilson: It was April he ad- : vanced Wlaho '£2o against Fischer's cheque for £25, which was received on May 1. He cashed the cheque on that date, which left tMe balance of £5 which , had been credited to defendant, and ! which plaintiff was holding when lie hnt Waho the £2l 10s referred to in the claircDefendant (re-called) said lie .tad never received a, cheque fyr £2O from I Mr. Greenway, nor that amount in i:ot«~ or cash from him. To Mr Wilson: Greenway brought him the cheque for £25 from Fischer. The , cheque was on the bank at Opunake. Greenway kept tha cheque, and withes:; I did not r.ee it cashed. | Mr- Gray (re-called) said to Mr. FitzI hcrbert that ho should think ihe endorsement on the £2O cheque was not Waho's.

To llr. WiI?on: It v:as the practice of natives who could nr.t write to got someone else to endo:\-.e cheque for them in the presence of the teller of a br.ph. His Worship gave judgment fov plaintiff for the sum of £»i 4s (disallov.nV the amount claimed for interest) with costs. £8 17s.