RESIDENT MAGISTRATE'S COURT.

Taranaki Herald, Volume XXXVIII, Issue 8638, 26 November 1889, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS JDAAT. Tuesday, November 26. — Before T. King, Esq., J. P., and C. Rennell, Esq., J.P. Settlement of Accounts. — E. D. , Westmacott v. James Mitchinson. Claim £1 11s 6d, being balance of accounts between the parties. Mr Hughes appeared for plaintiff, and Mr Richmond for the defendant. In his evidence, defendant said he sent plants to Mr Westmacott, when he was in business as an auctioneer, for sale, the value for which was £2 2s at tho nursery. He never got notice, as he should have where perishable goods were concerned, that :ne plants had not all been sold. He had oniy been credited with 3s Bd, whereas if he had got credit for the full amount .Mr Westmacott would have been indebted to him to the amount of 7a. The receipt (produced) he got from Mr A. Kirkby in October last, which he understood squared the accounts in dispute. Mr Kirkby was acting for Mr Westmacott when he gave him the receipt, which was given independent of anything else. Plaintiff stated that the lot of plants he received on January 21st, 1888, which were in the set-oif, he sold for 3s Bd, as he was instructed to sell them for what they would bring. He deducted this amount from the contra he had against the defendant, which left it at the amount claimed. He said that he sent Mr Kirkby with the receipt for the contra and a cheque for the difference between it and £6 for a garden roller he wished to buy from Mr Mitchinson. Kirkby came back, and said that the roller had been sold, and returned him the cheque. He thought that Mr Kirkby had destroyed the receipt. C. F. Foote, a solicitor's clerk, gave evidence with reference to endeavoring to obtain a settlement of Mr Westmacott's account from Mr Mitchinson. The case was adjourned to 3 o'clock, when tho evidence of Kirkby and others was to be taken, if possible.