RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XI, Issue 3450, 15 January 1880, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before E. F. Tizard and J. Skcne, Esqs.,

J.'sP.)

CIVIL SIDE. MCCOHMICK T. DEISCOLL, Claim, £6 19s 7d, work done. Mr Dodd for plaintiff, and Mr Miller for defendant.

Michael Driscoll, sworn, deposed—l am the defendant. The items of the account are all correct. I have paid the amounts claimed and entered them in the day book. The amounts were paid in my sitting room, Moanataiii Creek. I believe I've over paid McCormick. I paid one sum of £7 10s to plaintiff at TwohiU's in Shortland. This is admitted. I lost all my papers at the fire. By Mr Dodd—l paid him £5 in November by two sums. I never paid a sum of one pound singly. By Mr Miller—The £7 10s was paid in October. Mr Long drew up the receipt.

Eliza Driscoll, sworn, gave corrobora tive evidence. ,

James McCormick, sworn, deposed— I am the plaintiff. I have heard the statement of the defendant and his wife. I admit receiving £7 10s, but never received the other items mentioned by defendant.

David C. Young, sworn, deposed—that he had once been with McCormick at Driscoll's. He did not see any payment made. He did not know mick received £ljjc-ju>*«""" i The- Bencif"after retiring to consider gave judgment for defendant with costs £1 19s. ,