R.M. COURT.

Wairarapa Daily Times, Volume XI, Issue 3428, 6 February 1890, Page 2

R.M. COURT.

MASTERTON-THURSDAY, (Before Colonel Roberts R.M.) omL business. . M. Caselberg & Co v W. Riogaard, claim £IOO, balance due on promissory note, and on account of goods sold and delivered. Mr Bunny-for plaintiff, Mr Pownall for defendant. Judgment was giver, on the nonsuit poiuts raised by defendant's ciunse). The Bench upheld the objection.thai there should have been proof of deliv-' cry of tho goods. Mr Bunny claimed jndgmont for the balance of the debts, tfis Worship said he bad looked up the. authorities, on the subject and found that ho could not nonsuit part of a claim and give judgmenVfor the remainder. Plaintiffs were nonsuited with costs. FALSE PRETENCES, John D.Treanore was charged with obtaining at Masterton on the 14th January the sum of £4 from Thomas Wugg by false and fraudulent pretences, •

Sergeant Price, who prosecuted, asked permission to withdraw -the original information and substitute a fresh one, as the money belonged to Mrs Wagg. .. MrPownall, who nppeared for the accused, submitted that a fresh warrant iu that case would be necessary.

Sergt Price said h warrant was not needed, because the offence was an indictablo one, Tlie Bench ordered the fresh information to be proceeded with. In this the accused was charged with obtaining .£2 10a from Thomas Wagg, the property of Phtehe Wagg, by means of faise pretences, Mrs Wagg, licensee of the Prince of Wales Hotel, said that accused came to her house on Saturday, January lltli, it rid stopped there. She went to Wellington on the Monday following leaving Mr Thomas Wagg in charge and she returned on Wednesday evening, Januarylsth, A day or two after she paid into the Bank of Now Zealand to her credit, certain moneys including a cheque for £4 (produced) drawn on tho Colonial Bank of Australasia and signed Evenden and Treanore, The cheque was returned in a few dayß after, Thomas Wang, manager at the Prince" of Wales, said that accused stopped at the Hotel from January 11th to 15th at 4 p.m., running up a bill for 30s which he settled before lenviug with a cheque for £4. Ho paid accused the balance £2 10s in cash, He asked who Evenden was whose name was on the cheque. Accused said ho had to do with a gold saving machine and he (accused) was up on business in connection therewith, He also represented himsolf as manager for a gold mining company on the West Coast, He left ostensibly for Grey town.

Cross-examined: The accused said Evendcn was his |iartuer, and the cheque, was good. The cheque was undated when iirst handed to him, mid gavo it back to accused, who filled in the date,

William Creighton Smith, clerk' at Bank of New Zealand, Mastorton, said the chequo produced was received by him on January 23rd. It was paid in with other moneys by Mrs P. Wagg. Sent it through for presentation at the hank on which it was drawn. It was returned January 27, answer " Account closed." Notice was sent accordingly to Mrs Wagg,

Charles John Hickson,clerk Colonial Bank of New Zealand,Wellington^ the cheque was presented to his bank by the Bank of New Zealand, Wellington on 24th Januory. Tt was not cashed as the account on which it was drawn was closed since May last, Cross-examined: Cheque produced is on the Colonial Bank of Australasia. There is uosuch bank in New Zealand nor any where elso to my knowledge, Could uot have cashed the cheque-in its present form, whether there were funds or not. It is not a cheque upon any existing bank to my knowledgo. Presenting it at tho Colonial Bank of New Zealand would be a rnero speculation as to the place of presenting it, 'as that is the only " Colonialßank. If a Colonial B#nk of Austfalasia liad been in existence, it would not I have been presented to hs, I could not receivo tho cheque in its present form for cashing over the counter. Even if there had been funds in the bank it would have been dishonored on account of the irregularity in its form,

Be-examined: Irregular oheques are sometimes paid in and reotified after, but we do.not cash them, Accused, who reserved his defence, was committed for trial.