Swxe-cone v. W. Peck.
Both parties are butchers, and the claim was for $38.99 for goods sold delivered.
Plaintiff produced an account rendered, and pass-book from which it had been copied. The book had been kept by a man named Thompson, and showed that the transactions between the parties had extended over several months.
Defendant denied that he was indebted, as, person named Wheelwright had taken over his business and accounts connected with it, and if he (defendant) were made to pay this th: could'not deny having had' the mest, but it claim, he would be paying twice over. He
was supplied on the security of Wheelwright.
His Hoxovr, who was at considerable ins to unravel a complicated form of deal-dug between the parties, pointed out to the defendant that he was liable for the goods—who could not be expected to look to a third they were supplied to him by the plaintiff;
person for payment. 7 Defendant said he had received a chit from Wheelwright to get what meat he wanted from the plaintiff, as the plaintiff was obtaining stock from him, Wheelwright was, however, gone away, and the chit was lost. "It's this, your Honour," said the plaintiff, "suppose you were to become my security for a mouth or two's board and lodging, and then went away, and left me to pay for it." (Laughter.)
The plaintiff acknowledged the transactions with Wheelwright, and also that he had afterwards permitted the defendant to get deeper in his debt. He did not sue the defendant before, because he had promised to pay when his business became more prosperous, is said he had no doubt whatfendant had had the but he is Honour) bad reason to believe When he became possessed of some, he must pay the amount. His Honour had ni ypathy with the plaintiff for supplying on a second transaction, when a large amount was him on a previous one, Hiareh tnt t6 dune Sth Defendant "denied ost 1.50, for releatial pire, mage $180, for the Celetal Basins
Text read from the printed page and cleaned; old type leaves the occasional error.
