RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VI, Issue 1782, 18 September 1874, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. ***'■ ("Before W. Fbaseb, Eiq,, 8.M.) CIVIL SIDE. LRMPSIE2E V. TIZABD. This was a claim of £2 6s v for goods. There was no appearance of the defendant. * Phillip Lenipriere was examined as to goods supplied. .. Judgment for plaintiff £2 6s, and costs 19s. JAMES EAB V. E. C ,YOUNG. This was a claim of £1114s, for money lent. Mr. Tyler for defendant. j James Kae deposed—That ho had lent j the defendant the sum (stated. He had j lent him that with the interest added. He did not know how much he lent. He would swear it was more than £5. He had an 1.0. U. for the amount. Mr. Tyler submitted that de rendant could not recover in the action because he was suing for £1114s. It turned out that the : sum lent was not £1114s, but that it was made up by certain interest accruing. The evidence should show the amount lent and the interest interest accruing. The 1.0. U. wa3 simply an account stated, and defendant could not recover because he had not sued for an account stated. ' His Worship said he would give the defendant his choice whether he would take £5 and costs, or be nonsuited and bring the action for the whole amount. Plaintiff agreed to take judgment for ,the £5. Court adjourned.