REPAYMENT FOR A LOST CHEQUE.

Wairarapa Daily Times, Volume VII, Issue 2071, 18 August 1885, Page 2

REPAYMENT FOR A LOST CHEQUE.

An important case was' lately decided at the District Court, Young, beforo Judge Forbes. Georgo Gracey (says the Burrangong Argus) sued John Tout for £42 8s 9d. After ho had received it he went to Sydney and was garotted and robbed. He applied to the Oriental Bank to stop the cheque, but was told he' could not do so without the drswor's authority. Plaintiff saw Mr Tout (the defendant), and Mr . Tout authorised the bank to stop the cheque,' aud it was stopped at request of plaintiff. Some time afterwards Tout gave plaintiff £lO, and plaintiff now sued for the original amount, Ho submitted that once the cheque was stopped the debt revives. If the cheque was presented and dishonored they could sue on the old debt, but as the cheque wa« lost and 'stopped, the debt revived, and he sued on the revived debt. The defence was that no indemnity had been given against the cheque being put in and the money claimed, and that as the Bank had stopped payment before the cheque was presented, and he was paying 10s in the £, defendant could not be asked to pay in that ratio. His Honor held that the stoppage of the cheque by mutual consent had revived the debt, and a verdict was given for plaintiff, without costs, as defendant had not offered an indemnity when asking' payment in lieu of the lost cheque. The debt was of someyears' standing.