A COMPLICATED ACCOUNT.

Otago Witness, Issue 2924, 30 March 1910, Page 14

A COMPLICATED ACCOUNT.

BENCH v. BAR. In the Magistrate's Court on the 22cd Mr H. Y. Widdowson, S.M., heard a case in whu h the Taieri and Peninsula Milk Supply Company sued Mrs S. Bennie" on a claim for £4 17s Id, for milk supplied. Mr Statham appeared for plaintiff, and Mr A. S. Adam fo>- defendant. The defence was "Not indebted," defendant . claiming that she had overpaid plaintiffs. It was her habit, she said, to place the money in the milk-oan for the carter. She also alleged that she had dismissed the. accounts all along, and that Mr Smith, an employee of the company, had altered the dates, and had successively offered to accept £2 and £1 in settlement. The company denied receipt of the money.

Henry Bennett, defendant's son, said he paid Smith £2 in 1907, and this had not been credited.

William P. Smith was examined at length concerning a number of old accounts. He denied having been paid £2 by Henry Bennie in December, 1907. During the examination his Worship pointed out that apparently Smith had given two receipts for the same date, and remarked : " It seems a very peculiar way of fixing up accounts." Smith stated that last time he went to Mrs Bennie for the balance of her account she claimed- that she had paid the company £l4 too much, and offered to take it out in milk and butter. Witn-ess replied that such a mistake was impossible, and plaintiff ceased dealings with defendant. Witness was closely questioned by his Worship as to his signature on certain of the accounts and the initials and dates on certain stamps, N which apparently had been affixed after the date of payment. The Magistrate at this point caused witness to write a certain date, and Mrs Bennie and her son did the same. It was elicited that Henry Bennie earned £2 per week, and gave his mother £1 10s, and that one of Mrs Bennie's daughters earned 20s to 22s per week. Mr Statbam submitted that it was clear that for One bona fide credit there appeared to have been another credit claimed by defendant for the next month. He argued that it was very unlikely that a woman of defendant's means and carefulness would go on-paying about £2 per month, as she claimed to have been doing, when her milk bill only amounted to 12s 63 per month. Mr Adams said that the accounts were in a very unsatisfactory condition, reflecting no credit on the agents of the company, and he contended that defendant had discharged the onus of showing that the money had been paid. Mr Widdowson, in giving judgment, said the receipts had been given in such a way, and lines had been drawn on the accounts so as to mislead anyone who did not know the system of dealing. lie was quite satisfied that the. Taieri and Peninsuli Company'6 accounts were correct, and that the moneys defendant alleged she had paid had not been paid. With regard to the account c cr £2, he was inclined to accept Smith's statement that the_ money had been credited to Mrs Bennie in the company's statement. Judgment would be for the full amount.

Mr Adams: I ask your Worship to impound all those receipts in view of further proceedings. Mr Widdowson: Very well.

Mr Adams (warmly): Your Worship finds that a man who has contradicted nimself repeatedly is telling the truth. ' Mr Widdowson: I have already given judgment. Mr Adams continued: Your Worship has failed entirely to give effect to this fact: that Smith in the box, in answer to your Worship, over and over again contradicted himsslf in reference to those receipts. I feel very strongly in this matter. Mr Widdowson: It is my honest opinion. I am very sorry to hear f you express yourself so. Mr Adams: I am very sorry too. Smith on four occasions contradicted himself. Mr Widdowson: I am satisfied ahout it. Mr Adams: Well, your Worship, ought I to be satisfied? Mr Widdowson: I am very surprised. It is a very grave thing Mr Adams: It is a very grave thing if young Bennie, who has no interest in coming here and perjuring himself Mr Widdowson: Nor had the others. Mr Adams: 1 don't think so. I shall see at anyrate, that if the company recovers in this case their servants will have to pay for the stamps on those receipts, just to igive an oppoxtunity of going further into this question jf who has perjured himself. * Mi Widdowson then left the bench.