MAGISTRATE'S COURT.

Poverty Bay Herald, Volume XXVI, Issue 8419, 19 January 1899, Page 2

MAGISTRATE'S COURT.

(Before Mr ,1. Booth, 5.M.) Albert Horace Budd v. John Owen, claim £i ICs Cd. Defendrnt did not appear. Judgment was given for the amount claimed, with costs. Prank Lowndes v. John McDowell, claim £6. Mr Cbrisp appeared for the plaintiff, and Mr K. Rcea for the defendant. Of the amount claimed the sum of £4 11s was for firewood said to have been sold to the defendant, and the balance, .ill P.s, was for cash lent. There was a credit by contra account of XI I.ls, leaving the amount alleged to be due £4 los. From the evidence of the plaintiff it appeared that the transactions dated back to the year 1894. The defence was that the firewood sold to the defendant had been paid for at the time, when a settlement was effected between the parties. The defendant produced a receipt, which lie said ho received when the final settlement was made. He had had no subsequent transactions with the plaintiff. William MuCredie, clerk, called by Mr Chri.sp, stated that lie remembered making out an account in the year 1594 for the defendant. The items for the name were supplied by the defendant. Mr Chrisp contended that it must be clear to the Bench that tiie money was owing by the defendant, otherwise he would have pressed for payment of the contra account made out by the witness iMcG'redie. His Worship stated that this was one of those unsatisfactory cases in which the evidence Mas quite contradictory. He thought the weight of evidence was with the defence, and ho therefore nonsuited the plaintiff with costs 10s b'd.