Tucxsixe said that the payment of Tls. 1,000 by him was made under the impression, during the absence of the compradore, that the claim was correct, but that on receiving particulars from' the compradore afterwards, he learnt that, there was nothing really due to the Plaintiffs. He then immediately applied to the Plaintiffs for a return of the Tis, 1,000—as money paid by mistake, He would not admit having sent the letter put in by the Plaintiffs, The Plaintiffs then read letters which they stated they had forwarded to the defendant Tucksing, giving him notice of the alleged defalcations.
Mr. Cowre, who appeared fo:'Tucksing, then ied on the whole case, He eaid for the sake of greater clearness he would separate the items forming the claim under three heads—Ist, those relating to coal, amounting to Ts. 2,949.85. 2nd, the iron item, amounting to Tls. 201.60, and 3rd the miscellaneous itenis, Tls. 743.11. Regarding the iron and mis: cellaneous items, he was prepared to admit liability on behalf of his client, subject to the plea of want of notice and release, He contended that as the plaintiff had not given notice at once the irregularities were discovered, and had allowed time to the compradore to settle, Tucksing was released from the obligations which otherwise would have devolved
Text read from the printed page and cleaned; old type leaves the occasional error.