The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1871-11-21 00:00:00

CILIIIR AOOOOll7B.

Mitchell v. Collina.—Claim for balance of account for
cider, ET 70 81.—Mr. Howard appeared for defendant
who resides at Portland, and stated that they had paid
the account, and done with it. hall. 81, with meta,
had been paid into court.—On Mr. lloward °roar
esamining plaintiff, the latter said he had the books
there, and the man who delivered the cider. He
should think Mr. Collins might to spode for hthaseff.
The gentlum in there (Mr. Howard) had talked about
what he did not know; but it was no use for Mtn to
think to talk a man out of the right, and he continued
Tohthaet'rs.
—Mr.
Howard:reTrhortesis dow
hwasn,
defendant
ttoc."
thinks, and he has employed ate to expose it. —Plain.
tiff I should think he could answer for himself; if I
had • case, I should not want anybody to speak for me.
—The Judge: Do hold your tongue! with such babble
as that, hew is it possible to mak-, any sense out of the
caa.,l—Mr. Ho ward said that defendant's wife could not
read, and when a bill was presented her, as she
thought for £5 Ils, she paid that sum, and did not
know that there had been written on the receipt " Due,
et." Defend sot had no right to pay as much as he
hal into cutut ; but he did so, to have done with
the case. Plaintiff had charged for a cask of cider,
which defeadant said he had not received.—Plaintiff
said that on March 3, a cask of elder was delivered to
Mrs (Joint's, which was never entered on the book; he
asked defendant afterwards when it tame, and be
declared he had never received it.—When he called in
Mrs. Collins said "We will never pay you till you
send a correct account; you wanted to cheat us out of
a cask of cider which was not due, and now I under,
stand you have another." There was also a balance at
the bottom of the page, which I forgot to carry over,
and I have now ehargel thus for it.—The Judge said
he must take the account as made up by plaintiff, and
the latter ought to have area it correet.--Judgment
for defendant, without coste.—When defendant had
left the court, Mr. Thresher, of Portland, asked who
wa, to his expenses? He was informed the man
~5.0 auuneeuid Lim.—Mr. Thresher: I am a witness
in the one, and can throw some light apon it. —Mr.
Howard objected to Mr. Thresher's giving evidence
after defendant had left the court; but witness was
board, and said he was the delivering agent of the
Portland Hallway Company, and delivered the eider,
and had the sleets with signatures for their receipt.—
The Judge : Just take that one in March 3.—Witness
produced the receipt for • cask of cider on that data,
bearing the signature "Collins,"—The Judge: Mselly
this is too bad; look at this, Mr. Howard.—ln crew
examination it appeared the cask was delivered by J.
Norman, and Mr. Howard asked that the matter might
stand over. —The Judge said legally speaking, *kalif
was bound to produce the man who delivered the
cider; but could Mr. Howard dispute it?—Mr. Howard
ssad he
Uwplainasthgetefftehottgadwilikbeeingttonioabe"mispavt:".fhisor—tslihnwie.usestjtidialeiderwathe.
iidcred
(E2).—Platritiff There is the Cilia I forgot to wary
over.—The Judge: When a man has made out as
account, he is supposed to have done it rightly. He
is not shut out from showing there has been a mistake,
but he must give stronger evidence than yen have to-
day.—As to the disputed mak, Mr. Thresher said it
was directed to " Mr. Collins, Cove How," but there
was no Dlr. Collins then, and they took it to Mr.
Collins, of the Panalabovri. When ha saw Ms. Mohan.