RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XII, Issue 3842, 22 April 1881, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY.

(Before H. Kenrick, Esq., R.M.) Judgments fob Plaintiffs.

J. Smith v. J. W. Wade, 12s, County rates. Same v. Joseph Reid, £2 2s, County rates. Defended Case, schofibld t. mclaughlin. Claim, £7 Os 3d, for balance of account for school teaching. Mr Brassey for plaintiff; Mr Miller for defendant. The defendant admitted the account but said he had paid it. The Court said the plaintiff need not prove the account, but defendant must show it had been paid. Defendant was examined and proved that he had sent £9, the amount of the account, on 28 th February, by his son to Mr Schofield, and received back the receipt produced, which was a settlement in full. Defendant's son gave evidence corroborating his father's statement. Plaintiff denied the payment of £9, but said the boy only gave him £2, for which he was given credit. He made a mistake in giving a receipt in full. Mr H. T. Rowe also gave evidence as to a conversation with plaintiff. After addresses by counsel on each side, his Worship said he felt bound to say that the weight of evidence was considerably in favor of defendant, and that after a receipt such as that produced there must be very strong evidence to upset it. He must therefore give judgment for defendant with costs 265.