RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume VI, Issue 25, 30 January 1871, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before J. Sharp' Esq. R.M.) T. Askew v. W. C. Harley. This was an action to recover the sum of £5 10s. being the value of a hogshead of what is known in the trade as "returns," and also of five gallons of Harley's beer _ which had been purchased at the sale of the effects of C. Wicsonhavern, and returned by the plaintiff under the same category. This latter item was at once struck out, as his Worship ruled that no claim could be established on it. Mr. Acton Adams appeared for the plaintiff. The defendant paid £1 9s, Bd. into Court. The case for the plaintiff rested on a receipt for a full hogshead signed by one Gardner, defendant's servant. The defence was :— That the word "full" was not in the receipt when Gardner signed it, but must have been inserted afterwards, and that the cask was at once taken to the brewery, and emptied, and found to contain only 16 gallons, for the value of which £1 9s. Bd, credit was given to plaintiff, the amount being paid into Court, Defendant also produced his books, which showed that while the beer - sued for was returned in the end of August last, he had not supplied plaiutiff with any beer since the I4th of May, and then with only 27 gallons. His Worship, in -giving judgment, said that he must treat the case for the plaintiff as not having been distinctly proved, as the evidence was so conflicting that it was quite clear there, must have been direct perjury on one side or the other, but on which it was impossible to say. He must either nonsuit the plaintiff on the whole, or give a judgment for £l 9s. Bd., the amount paid into Court. He would leave it to plaintiff's solicitor tb say which of the two it should be. Mr. Acton Adams elected to take the latter, and judgment was accordingly given for £1 9s. 8d