Ballyhaunis man ordered to pay £1,900 owed on van

27 January 1999

SAMPLE SIGNATURE WAS DIFFERENT TO ONE ON RECEIPT

An ISUZU van which allegedly hadn't been fully paid for resulted in a handwriting sample being requested by Judge Bernard Brennan in civil proceedings at Ballyhaunis Court.

The plaintiff in the case was Michael Giblin of Tooreen, Ballyhaunis who brought an action against Patrick Daly of Station Rise, Ballyhaunis for the recovery of £1,900 which he said was owed to him by Daly for an Isuzu van last May.

Mr. Giblin, who was represented by John O'Dwyer (Crean, Cleirigh & O'Dwyer Solicitors) told the court he sold the van to Daly for £2,500 and was paid a £600 deposit. The balance of £1,900 was never paid despite repeated visits to where the defendant lived.

"There was a different excuse every day', Mr. Giblin stated. "I think he has it (the van) sold now'.

In reply to Mr. Kieran Madigan, solicitor defending, Mr. Giblin agreed that he had previous dealings with the defendant. He had bought a van off him as well as radios and a hi-fi and there never had been any difficulty.

The plaintiff denied getting £2,600 in cash from the defendant for the van on the day he sold it. At this stage, Mr. Madigan handed Mr. Giblin a receipt for £2,600 and asked him if the signature on it was his.

Mr. Giblin commented: "I don't remember signing that'. He then pointed out that the signature on the receipt carried the surname "Gibbons". It was not his signature.

SIGNATURE

Judge Bernard Bernard Brennan then asked the plaintiff to write down his signature in full on a piece of paper. The Judge then inspected the handwriting.

During continued cross-examination, the plaintiff said that when he sold the van, Daly had two cheques in his hand, one for £2,400 and another for £1,800. Daly said he would get the cheques cashed and would pay what was owed on the van the following day. But this didn't happen. "There was nothing but excuses', Mr. Giblin commented. "I was up and down for three or four months'.

Mr. Madigan: "Why did you allow him (defendant) get the van taxed and registered when you had not been paid?'

The plaintiff added that after a month he told Daly that if he could not come up with the money he could return the van and he would give him his £600 back.

Patrick Daly, in evidence, said the deal for the van was made at his mobile home in Cherryfield and he paid in cash with money he had borrowed from his brother and had gotten a receipt from the van owner.

Daly said that on a number of subsequent occasions the plaintiff had called to him looking for a loan of money but he hadn't got it.

The defendant claimed: "He (Giblin) said he would burn the van for insurance money if he got it back. I would not allow it'.

During cross-examination by Mr. O'Dwyer, Daly denied "spending his time avoiding people to whom he owed money'. He added: "I do not owe him (plaintiff) money. I owe him nothing'.

HANDWRITING

At this stage, Judge Brennan said the signatures on the "receipt"and the sample signature provided by the plaintiff were not the same handwriting. "Why should a man sign his name "Gibbons"when it is "Giblin?', the Judge asked.

Mrs. Kathleen Daly, wife of the defendant, said she saw her husband paying out the money for the van in £20 notes in their mobile home and she saw Giblin signing the receipt for it.

Asked by Mr. O'Dwyer why the plaintiff should sign his name "Gibbons' witness replied: "Maybe he doesn't know how to spell right'.

Witness said her husband had got the cash from her brother John and had taken it from his pocket in £20 notes. Asked by Mr. O'Dwyer how her husband had counted it out, Mrs. Daly replied: "£20-£40-£60-£80......you know how to count, don't you? Judge Brennan: "I think he (Mr. O'Dwyer) knows'.

During further cross-examination, Mrs. Daly said her husband counted the money out on a table. Asked how many piles were involved, witness replied: "That's a stupid question to ask anyone'.

In his summing up, Judge Brennan said a number of questions arose from the evidence. Firstly, why should a man go a solicitor if he wasn't owed the money and, secondly, why should the court accept a receipt from a "Michael Gibbons"when the correct name should be "Michael Giblin'.

The Judge commented, "Surely I did not come down the canal in a bubble'.

Judge Brennan awarded a decree for £1,900 plus £50 costs and witnesses expenses to the plaintiff.

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