MAGISTRATE’S COURT.

Temuka Leader, Issue 2750, 13 December 1894, Page 2

MAGISTRATE’S COURT.

Geraldine—Tbusday, Deo. 11, 1894. [Before C. A. Wray, Esq., S.M., Major Moore, and J. Jobberns,|J.P.’s,j CIVIL CASES. Michael Connolly v. George Meredith and Janet Meredith—Claim £ls on 3 dishonoured promissory notes. Mr White appeared for plaintiff, and Mr F. Wilson Smith for defendants. The case was one in which plaintiff sued to obtain the amount on three 1 promissory notes endorsed by Janet' Meredith for her husband. Michael Connolly, plaintiff, deposed that he had sent written notice through the post to Janet Meredith that the promissory notes had been dishonoured. Plaintiff saw both defendants outside the court, when they offered him £2 cash, and an order on Mr Tripp for £6 on the Ist of February. To Mr Smith: There was also 7s 6d owing on the promissory note* Defendant never paid any portion of the promissory notes sued on. The receipt produced was an old account and did not refer to the present. The receipt shoved £4 paid on account ofj promissory notes.' but had nothing to do with the pieeent .one.

. To Mr Smith: The letter produced is one from witness to Meredith asking for an order on Mr Studholme for £ll Bs. The full amount owing was £ls. To Mr White: Told defendant that he could leave the rest of the amount ‘ over. The £ll 8s was for £ll on account and interest added. He understood that Mrs Meredith had a piano dear, but the rest of her property was under bill of sale.

George Meredith, defendant, deposed that he owed plaintiff £3O at the be- 1 ginning of the year. Wn preaaed for the amount, bat was in financial difficulties. Ultimately settled the claim by' 3 promissory notes for £5 each, which meant 10s in the £. There was no bankruptcy court proceedings. The first payment came due on June sth last, and on June 6th he paid plaintiff £4, and received a . receipt as produced in court. That left £ll owing. The other payments were not honoured and, a few ■hilling* interest accrued. He understood that the 8s was not for interest at all, bat for a pair of spurs he bought from plaintiff. 'To Mr White: Did not meet with plaintiff to arrange about an order on Mr Studholme. Had no deed of composition with his creditors. Any arrangement with them had not been earned through, and he had not paid them yet. Interest at 10 per cent, was not spoken of between him and plaintiff. At all events, was indebted to plaintiff for the amount of £3O less £4. Janet Meredith deposed that some months ago she endorsed some promissory notes for Mr Connolly. She never got . notice that they were not met when due in any form whatever. To Mr White: Never heard anything of the promissory notes since she signed them. My husband never mentioned the matter, and did not enquire about them from him or the bank. It was some time ago since Mr Connolly sent inMr White: What did he send ? Defendant: I never got any notice' from Mr Connolly. To Mr Smith: Had been in rather delicate health for six months past, and her husband did not trouble her about business matters.

Mr White submitted that the plaintiff was entitled to the fall amount of. hie claim. The arrangement, which Mr Meredith made, had not been carried out with his creditors. According to Mrs Meredith’s own statement ahe had been too ill to attend to business matters, and if she had received notice, therefore, it might have been forgotten. As a matter of Easiness, it was reasonable to suppose that plaintiff would send notjoe. Mr Smith submitted that in the face of the receipt given on the payments the amount should be reduced. Jf plaintiff sued defendant on the old debt it would be a different question. The Bench gave judgment for £ll Bs. David Ennis v. Hannah Tatam. Mr F. Wilson Smith said that the parties in this previously-heard ease had not been able to come to a settlement out of court, and he asked that plaintiff be nonsuited, to see if they could still find some way of settling their trouble. The Bench said that plaintiff had failed to prove that he had paid the money he said he had on behalf of defendant, and he could not recover till he had done so. Plaintiff would be nonsuited. The court then rose.