RESIDENT MAGISTRATES COURT CROMWELL.

Cromwell Argus, Volume III, Issue 123, 19 March 1872, Page 6

RESIDENT MAGISTRATES COURT CROMWELL.

Thursday, March 14. (Ih’/ore K. 11. (’itn ir, Bur/., R.M.) Tiie ('onrt openeil at 11 a.in. The only cast for disposal was the adjourned hearing of tin civ il action, 0. AND W. ni,;:t<iniil V. T. UOUKKJAX, Mr Brough appeared for plaintiffs, and Mi Wilson for defendants. This was an action for goods sold and deli vered, and the amount sought to bo recovered was IMS) !)s. (id. From the opening address o plaintiffs’ counsel it appeared that an action had been tried between the same parties in the His tried Court at Clyde, but the plaintiffs were the! seeing on two dishonoured acceptances ; am having proved certain payments, and also tluv those payments had not been appropriated t< any particular debt of the defendant to tin plaintilfs, the defendant then claimed his righ to appropriate those payments then and there hj part payment of the acceptances. Judge Orai allowed this appropriation. and returned a ver diet for plaintilfs for only I’D ISs. 0,1. with inte rest and costs. In anticipation of the probabh defence, lie (Mr Brongh) would contend tin there was no splitting of causes of action in thi i ease. The acceptances gave a right of aetioi | quite separate and distinct from the right o action for goods sold and delivered, oven if th bills were given for the goods. Credit was givei for CIO paid by ITorrigan since the judgment ii the District Court, and which sum had beei appropriated by plaintiff in part payment of th goods. Charles Colclough, one of the plaintilfs, bun I sworn, stated that the first item in the accoun | had been supplied to the defendant, and wa j proceeding to prove the items seriatim from th \ booh, when Mr Wilson asked whoso writing the cntric | were in ? The witness admitted they were in the writin ! of Ids wife. Mr Wilson then objected to bis reading an I entries that were not in his own Writing, i Mr Brough contended that tire witness had right to refresh his memory from them. I The Magistrate stated that the Court was nr ; hound to reject all evidence not strictly lega : quoting from Johnston's “ Justice of the Peace | in support of this view. ; Mr Wilson then agreed tn permit the plainti | to depose to the account as a whole. This the plalntiif did. and also swore that I had received only £lO on account of the good, tu reply to a very severe cross-examination, tf witness stated that he had received other sun from Mr Ilorrigan during the currency of tl i account, but that those sums had been placed ; | payments on an overdue accordance at the a 1 quest of defendant’s solicitor, and Judge Gra had ruled that they were correctly so placet The payments amounted altogether to £72 5 I The substance of Judge Gray s judgment w; that he allowed plaintiffs the difference hotwee

that amount and the amount of the acceptances (sued upon. Witness did not remember ever giv- [ ing special credits for goods. He saw by the accounts produced that he had given special credits for some goods, but Judge Gray had held that those must be placed to credit of the bills. [The cross-examination was protracted to considerable length, but the remainder appeared to be only for the purpose of testing the credibility of the witness.] Mr Wilson stated that in the District Court j the whole accounts between the parties were gone into and settled. The case occupied part of two days. The present action had been brought without foundation, and he had no hesitation in asserting that it had been supported by false evidence. Defendant, sworn, stated : Recollected the bailiff coming to his house with an execution for £2O 12s. 9d. about a fortnight after the sitting of the District Court. His wife sent £lO in by Roger Doncgan. Colclough had not asked him for any money on account of the verdict previous to the execution. He only owed Colclough about £l2, and Colclough had got that in the District Court. Cross-examined :—Was not present when the £lO was paid. Had paid for the goods. Did not remember paying any particular sum : his wife settled those things. Mr Wilson gave evidence to the effect that he j conducted the case for the defendant in the Dis- ; | trict Court. The plea he then pleaded opened | up the whole accounts between the parties, and I Judge Gray found there was only about £l2 due. The Magistrate considered that the parties ; I would not be injured by his reserving his cleci- ; j sion until next Court-day. He would therefore ! take time to consider.