RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XVII, Issue 5166, 7 August 1885, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAST. (Before H. Kenrick. Esq., R.M.) CIVIL SIDE. MCLIVES V. POTTS. Claim, £5 14s 9d for goods. Mr Miller for plaintiff. C. McLiver deposed that the sum was due for goods sold to defendant, and the latter paid a sum of £2 14* 9d into Court, the balance of the claim was disputed. The defendant cross-examined the plaintiff at considerable length regarding entries in the books of the latter, the accuracy of which was disputed. W. H. Potts on being sworn denied his liability beyond the amount paid into Court, he contended that the first part of the account covered by the amount in dispute had been settled, some items in the account had been, charged for tobacco, which bad been lost at cribbage or whist. He had disputed the account upon receiving it from McLiver, as he saw that he was charged £2 16s for tobacco during eight weeks he was in the hospital. The Bench reviewed the evidence and said the plaintiff had sworu the money was due, but admitted that several items had been charged to defendant without his distinct order. The gambling part of the debt could not be recognised by the Court. Judgment was given for the amount paid into Court —each party to pa? his own I costs.