DONALD V. AH LOP.

Wairarapa Daily Times, Volume XVI, Issue 5209, 17 December 1895, Page 2

DONALD V. AH LOP.

A QUEER CASE.

The v case Donald Donald v. Ah Lop - Mr Beard for judgment creditor and Mr Pownall for judgment debtor-came before His Honor Mr District Judge Kettle yesterday, Mr Beard explained thata judgment for £l2B was obtained some time ago, and still remained owing, Under examination regarding his means and ability to pay. Ah Lop said he had nothing now, His business was his wife's, Ho had settled it all up about three months ago. He had no money in the bank at all now —not a penny, His wife kept a banking account, and sometimes bad money lying there. Would swear that his wife took over the business before the judgment was obtained. When he carried on himself he owed a lot of money to Wellington people; his wife took the tilings in the shop and was to pay the money. They never had any money since he took a lease from Donald, He had not brought his bank book or the paper between himself and his wife.

At this stage, it was suggested that All Lop fetch his Bank book and the piece of paper, and a ten minutes adjournment was made, On returning, Ah Lop said ho would find the papers next day. Under further examination, Ah Lop said ho sold his interest in the land at Kuripuni, subject to the lease, sometime last year. He had no money in ' the Bank of New South Wales; if he had, his judgment creditor was quite welcome to it. He had not operated on any account since last September. His wife opened an account at the same Bank. Could not say when. He had more than £IOO worth of goods in his shop when his wife took it ovor. He had no other property. To His Honor: He was doing no work of any kind. Did not assist bis wife. Did not serve in the shop, but walked about the street and did nothing. Charles Napier Cottorill, accountant to the Bank of New South Wales, Masterton, gave evidence that Ah Lop had an account with the Bank of New South Wales. There was a balanco to Ah Lop's credit of £56 6s 4d. Ah Lop had not operated on his account since the 3rd of September last. Mrs Ah Lop opened an account with the Bank on September 25th. To Mr PownallHad never given information to anyone about Ah'j| Lop's account. The Bank of New' Soutli Wales was not, practically, the judgment creditor. Had never, previous to this time told anyono w hat Ah Lop had to his credit at the Bank.

His Honor adjourned the caße until 10 o'clock on Tuesday morning. On the Court resuming this morning Mr Poivnnll said that a cheque for the amount had been presented thai morning by Wong You, and it was alleged that the cheque was given to him on the 14th.

Ah Lop, on oath said that the cheque had been given on tho Saturday previous in part payment of an account for £75. He held the receipt. His Honor directed witness to fetch Wong You. 0. A. Tabuteau, manager of tho Bank of New South Wales, Mastorton, produced tho cheque which lie said had been cashed by Mr Kelleher at a few minutes past ten that morning. Ah Lop had novor, ttnl witness' knowledge, enquired about| his balance since last September. Ah Lop came back and was again sworn. In answer to His Honor lie said that Wong You had accommodated him to enable him to pay tho damages given against him in the case in connection with the row in his shop.

In reply to the Court, All Lop said lie had not spoken to Wong You that morning, Further pressed he admitted having said " Good morning" in Chinese. His Honor agreed with Mr Beard tlmt there was no doubt tlmt there was an evident intention on tho part ot Ah Lop to evade paying his judgment creditor. J. Kelleher called by His Honor's direction, gave evidence that he cashed tho cheque for Wong You, at a few minutes past ten o'clock, merely to obligo birn. Ho got nothing for doing it. Worg You, sworn in tho Chinese fashion, said tho cheque came out of his own cheque-book, as Ah Lop's book was empty. Wroto the cheque out for Ah Lop on Saturday at three' o'clock. Was too busy on Monday to pay tho cheque into his banking Recount. Asked Kelleher to cash the cheque because he liked to look at the monoy before paying it into tho bank.

His Honor ordered that £55 be paid into Court forthwith and security bo found for the balance to the satisfaction of the Clerk of tho Court, the money not to be touched until further instructions from the Coijrt were given, pending any action' fir counter-claim Ah Lpp ' may' fiavp against the judgment 'creditor. In default of this Ah Lop wqulcl bp sentenced jo three njqnths'imprisqnmeiit.