MAGISTRATE'S COURT.—Wednesday.

New Zealand Herald, Volume I, Issue 233, 11 August 1864, Page 4

MAGISTRATE'S COURT.—Wednesday.

HILL V. KBILEY. This vraa an action to recover the sum of £7 16s 8d purporting to be the amount duo to plaintiff from defendant on accounts stated between them. Mr. "Wymi appeared for the plaintiff'; Mr. Beveridge for the defendant. _ Air. Hill, sworn-:—I am a solicitor, and plaintiff in this action. Some time since I had transactions in receiving and paying money for defendant. He had also a private account against me for work done. I recel \% gave him my account against him. lie stated the amount of his apcount against me, but lie , aid not give me tho document. Yesterday morning =1?I upo " m f at 10 o'clock-, and said he came to settle the matter between us. He objected to two of the items mmy account. I made none against his, sunnf 0 !* in \ "f dit - one of the items a . T V S - charged against him on 12th January. to 'th l> fiho ?' Ed J 11 ™ the account, balance of rent due to the . Provincial 1 reasurer, in my bunker's book. ■ He also objected to another account on 9th Mav ol six months rent due to tho Provincial Treasurer in a similar sum. 1 asked him if he had any further objections to make. He said he had not He asked °L e^ha^ he balance was My son told him it was £/ 16s. Bd. He then said he would give me half, before leaving the room he said he would not mv tne balance. * J Cross-examined by Mr. Beveridge The dafendant made no. direct admission in words, except an : offer to pay half the acconut. There wefe two bills of costs in my account. The account produced is . the one referred to. Mr. Walter Hill son of the plaintiff, corroborated ! the evidej cs of his iather. . Mr. Beveridge submitted that the plaintiff must 1 be non-Bin ted, as no specified sum was admitted to be , due by the defendant, whose object in offering half the balance -was evidently, with the object that he might not be detained, being on the point of leaving ! the colonjr. With reference to the bills of cost it was 1 necessary that evidence of the delivery of the acco ant 1 should be given before they could be claimed. 1 Mr. Wynn commented upon the evidence, and nrged that the account was sufficiently admitted by J the defendant to warrant the Court in giviii£.iud ff " v nest for the fuH amount. ° c ||||j■

THb Worship was of opinion that tliAo was ample evidence of the admission of, the claim. Michael Keiley* examined by Mr. Be vend go : T objected to severt.l items in Mr. Hill's account. I hold in Vny Wild ft receipt from the Government for one of the amounts disputed. (Receipt produced.) T also objocted to £11 'is. I wanted the items of that sum, as I did not know what it was for. 1 offered to pav Mr. Hill for making out tho account. By Mr. Wynn :—T objected to two items of f G 10h. and ono ofiil 3a. I said to tho plaintiff, "To prevent any mora bother, I'll give you half the account." Marv Keilev stated that she got tho receipt produced for £'G 10s. from Mr. Hill, and paid him the amount at her residence, Shortland-slreet. By Mr. Wynn :—I paid tho sum, hut Ido not know whether in notes or gold. I do not know whether there is anv entry of it in my books. Sir. Hill, re-called T will swour Mrs. Koilcy never paid nic that sum of money. The Court was of opinion thut tho evidence was defective as to tho delivery of tho account for tho Attorney's tosts, and therefore a non-suit was recorded.