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A Colwyn Bay Account.

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A Colwyn Bay Account. At the Lland'udno County Court, on Thurs- day, 'Messrs Pryce Williams & Co., grocers and provision dealers, West End Stores and Ceylon Stores, Colwyn Bay, were the plaintiffs in an action against Mr Frank Booth, veterinary sur- geon, Old Colwyn, in which vaey claimed £ 10 alleged to be due in respect of goods supplied. M.r James Amphlett (of Messrs Porter, Am- phlett & Co.) was for the plaintiffs, and the de- fendant appeared in. person,. Mr Amphlett said that the defendant was a customer; of the plaintiffs' at their shop known as West End Stores. Defendant usually dealt there and was in the habit of paying sums up to [IO on account. In. 'November, 1908, a sum of [30 13s. iod. was due from the defendant", and on the 20th November he called and paid a cheque of his own for [10 at the Ceylon Stores, and obtained a receipt for it, which was signed by the manager. As the cheque be- longed to the West End Stores, it was sent there, and a further receipt was given Mr. Booth for tlhe [10. Accounts were sent monthly to de- fendant showing the balance due, and showing that [IO only had been paid and not [20. The contention of the defendant was that he paid two sums of £ 10 on the same day—an unusual thing for M.r Booth to' do. He was instructed that there was no other instance in which Mr Booth made two, payments. It was one of those oases in which two receipts had been given. He felt there was no question; about it. The plain- tiffs would not have brought, the case to Court without being thoroughly satisfied. Defendant was entirely mistaken. The Judge said it was purely a question of account, and should go before the Rerasitrar. Defendant, at this juncture, produced the two. receipts in question, and added that he had other receipts showing -,ayments made to the plaintiffs by him on the same day. Mr Amphlett said it was only a question of whether the two, receipts related to one Cio or separate payments. Mr Pryce Thomas Williams, a partner in the plaintiff lfiiim, was called, and said that the defendant's account was in the West End Stores and not at the Ceylon, Stores. On the 20th No- vember a 'cheque of 2fio on account was paid by defendant. All cheques received were paid into the N. & S. W. Bank. In the cross-examination of the plaintiff by defendant, plaintiff said that defendant's oroven- dor account was at the West End Stores, but a horse which he (defendant) bought from plamr itiffisi recently was paid for at the Ceylon Stores. Defendant might have receipts in his possession from the Ceylon Stores, but as a rule, he paid at West Eind. He could not say from, memory whether he had paid two, sums of money on the same day. Mr Booth Then how came Mr Amphlett to make the stat,ement that I had not done so.? Witness I don't know, unless he got it from the ledger. Defendant: I think I have paid you a few hundred pounds—over £2,000 during the last twelve years?—I can't say. Sums varying from f 10 upwards?—I know you have paid large sums of money. Can you suggest that I have paid one-twen- tieth of that at the West End Stores? Which is nearest to my house?—Ceylon Stores. And is it not reasonable to go to the nearest place?—I do not know. You came down TO West End, to my knowledge. Is it usual to give two receipts for one £10, as you .are suggesting? Have you done it be- fore?—I explained at the time that it was a mis- take. We did not know you had a receipt from the Ceylon Stores. When did you find out the mistake?—When yon told us, eleven months afterwards. Do you know for certain that your man didn't get the money? You know you received cheques from me endorsed?—I am certain of this, that you paid the cheques at the Ceylon Stores, and it came to the West End Stores' on the following day. Can you swear that you received the money paid to your man?—I have every reason to be- lieve that I do receive it. I have no reason to doubt it in any way. An interruption by Mr Amphlett, led the Judge to say that the defendant could make any suggestion he liked. The suggestion might be that the, other side were making a bona fidie mistake. Mr Booth Supposing a man was inclined to be dishonest, the endorsed cheque could be used, could it not?—I can't say. Don't you know that they can?—All cheques received go through the bank. So far as you know?—As far as I know. I have no. reason to believe otherwise. I do not know that any of the young men would do it out and not remembered it?—I never paid wrong. I am certain that you might have paid cheques out like that. The Judge: It is possible for an endbraed cheque to, be dealt with in some way. One doe.. not know. Defendant said that unfortunately he had had no clerk 'for eighteen months, and the accounts had not been entered in. his book. He called for the petty caSlru book of Ceylon Stores. It was stated that the book was' not in Court, and His Honour said that in the interests of both parties, the cash book should be produced,. Mr Amphlett then asked for an adjournment to produce it, as well as the bank pass book. In re-examination, plaintiff said he would not have brought the case to Court unless he was satisfied that the money was owing. Mr Booth: Do. you think I should- come here if owed you this £10, and say I had paid it. You think you are right, and I think I am right. The Judge said it was quite obvious that the plaintiffs had made some blunder, and the case would be adjourned to the next Court, but the defendant must not be put to any costs of that day. Mr Amphlett announced that he would try and meet Mr Booth, and probably the action would be settled before the next Court.

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