RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3044, 20 November 1872, Page 2

RESIDENT MAGISTRATE’S COURT.

Tim Day. (Before A. C. Strode, Esq., 8.M.) Civil Cashs. Glass v. Scott. —L’2 I ts 2d, for work aud labor done. Mr M*Kay for the defence. This was a dispute between two bootmakers respecting the amount due to the plaintiff. The sum of i 1 2s fid was paid into Court, and 11 s fid was claimed as a set-off. The plaintiff admitted he did not, in the first instance, intend to charge the amount, as he expected to succeed the defendant in business. Judgment for the amount paid into Court. Otago Dai I a Times v. Thomas Caleutt.— 1 1, for balance of account for subscription to the Daily Times from August 1, 1869, to April 30, 1870, Mr Alexander Bathgate for the plaaitiffs; Mr Harris for the defence. The claim was for subscriptions amounting to L 3 Is fid, of which 1.2 Is fid was paid; but subsequently it was alleged that an error of LI was discovered. Application t/?s made to defendant, who, according to the evidence of A, Fraser, collector for the Otago Daily Times, agreed to pay the money.—l). Campbell, manager, stated the paper had been ordered, but the money had not been paid. R. Wilson, publisher, proved the papers were forwarded in the usual course. -Thomas C doutt was called. He had no receipt for the pound claimed, hut had one for L2 Is fid. He had no doubt he had paid the money but being his usual practice to keep only the last receipt, he was pot in a position to produce a receipt for the money claimed, He had been much annoyed by

applications for the money, and any promise made to pay the pound was conditional on non-payment being proved. He firmly believed the money had been paid.—ln crossexamination, defendant said he had received many accounts since April, IS7O, in which the amount claimed was not included.—His Worship considered that the balance of evidence was in favor of the defendant. Judgment accordingly, each paity to pay costs. Galland v. Treloar.—los. The defendant admitted the debt. Judgmeut by consent.