MAGISTRATE'S COURT

Taranaki Daily News, Volume LIV, Issue 273, 15 May 1912, Page 7

MAGISTRATE'S COURT

CIVIL SITTING. Sitting in his civil jurisdiction at the Magistrate's Court yesterday morning, Mr. A. Crooke, S.M., gave judgment for the plaintiff, by default, in the following undefended eases: —Webster Bros. T. Joseph Adams, claim £4 15s, costs 10s; A. H. Herbert v. Samuel Thomas Evatt, claim £1 Is, costs ss; Cook and Lister v. Alice Crerar, claim £6 12s Gd, costs 23s Gd; George Pearce v. Alice Crerar, claim £1 17s 6d, costs 20s; L. P. Laurent v. C. Bielawski, claim £2 2s, costs 6s. A LONG-STANDING ACCOUNT.

Thomas W. White proceeded against Richard Birch for the recovery of the balance of an account alleged to be due in respect to groceries supplied. Mr. Hutchen appeared for the plaintiff, while Mr. Gtfey defended. The. account dated back to 1902, from which date defendant had dealt continuously at White's store, until December, 1911. According to the plaintiff Birch had, after incirring the debt, continued to deal with him—settling current accounts monthly— on the verbal understanding given him by his wife that the old account should stand over for a time. This arrangement was still in force when he (plaintiff) assigned. In repudiating the plaintiff's allegations, defendant held that it was significant that plaintiff acknowledged that he did not render an account prior to the institution of civil proceedings. Defendant's solicitor also contended that the mere entries in the day book, by an assistant, did not constitute proof of sale and delivery. At this juncture the court adjourned until May 21 in order that the plaintiff might produce his day book, and to allow Mr. Grey, on behalf of the ie,fendant, to call Mrs. Birch to give evidence.