Unpaid beer bills (1871)

Post date: Mar 18, 2013 12:59:46 PM

Extract from Maidstone Telegraph 17th June 1871

Maidstone County Court. Monday, June 12th.—Before J. J. Lonsdale, Esq..........

J. B. Jude v. Thomas Cole.

—The plaintiff in this save your receipts case sued for 14s 6d, the amount of a beer bill contracted by the defendant, Thomas Cole, of Wateringbury. The plaintiff a brewer of Wateringbury, and it was alleged that the account had been owing for a considerate time. The plaintiff's collecting clerk said he had repeatedly asked for the money but could not obtain it. The defendant's wife answered in reply to the summons, said her husband did not owe the money. The plaintiff said tho bill had been owing for some years. A few days ago he met the witness and asked her to pay it, when she said she should not pay it as had paid it once. Defendant she had paid it, and her husband knew it.

The Judge- What is your husband. Defendant -—A labourer sir. Witness went on to say she had seen the plaintiff about the account which he said was owing and tried to re-call to his memory the time when she paid him. Plaintiff said he had not the slightest remembrance of the defendant paying him the money, neither did his books show that it had been paid. Defendant said plaintiff remarked when she saw him that he thought he had a slight recollection of her, but could not remember her paying the money. She had paid it though, for she took it herself and paid to the plaintiff. The plaintiff offered to produce his books for inspection. The Judge—-But I suppose if it had been paid you would give a receipt? Piaintiff-—Certainly, sir. Judge-Has the defendant produced your receipt. Plaintiff- no sir. The Judge (to defendant) Where is the receipt the plaintiff gave you when you paid the money ? Defendant—l don't know sir ; I can't find it. ilia Judge—Did he give you one ? Defendant—Yes, sir; but I put it in my purse, and thought no more about it. '

The Judge asked the plaintiff if he summoned many persons to County Courts. The plaintiff replied in the negative. He said he been in business eight years, and this was the first case he had ever had in the Maidstone County court. The Judge explained to defendant that as she could not paid the money said to be due, the court was paid the money said to be due, the court was was no reasonable belief in the case other than the was no reasonable belief in the case other than the word of the defendant's wife that the account had been settled, but he thought it a matter in which Judge to adjourn the case until the following day, to which his Honor assented.

[The plaintiff on Tuesday produced his ledger of payment had been made therein. Whatever money was received payment accounts would money was received in payment of accounts would entered the "day book," and the plaintiff no entry of payment was made therein by either entered simultaneously with the signing of the receipt if the money had been paid. Defendant still maintained that she had paid the account, and attempted to recall certain observations that had passed to plaintiff's remembrance. Plaintiff did not appear to remember the occurrence, paid it would have been booked and a receipt given.

His Honor remarked that he thought there was considerable doubt as to whether the account had really been paid or not, and it would be nothing but fair but to give the defendant the benefit of that doubt. The plaintiff would therefore be non-suited.