The Archive · 1877

Claim for Money Lent

oaths was an action to recover $125, money lent.

Defendant disputed Plaintiff deposed that on the Sth' June, 1877, he lent the pi $225, and on the 16th August a further eum of $200, for Voth of Which sums he produced receipts from the defendant. Ho had asked several times for payment, but defendant always said "bye and bya, Defendant did not deny that he had received the $425 from the plaintiff, but urged that the money was pail' towards the working account of the steamer Packony, in which he (plaintiff) had an inter The accounts of the steamer had not yet been made of therefore he did not know what pi but it would, in all probability, exceed amount of the present claim. He should, in con quence, like the amount now sued considered as a set-off age lebteduess to the workin steamer Paokong, and for the ca poned for a month until th plaintiffs indebtedness could be ascertained Plaintiff denieil that the money now ssu for lind anything to do with the work account of the Puokong. With regard to the Paokony he could wever get any information from the defendant, who always told "ah of losing wi ut jast paying should decide the cease on the petit and answer, and the evid. ence now before him, If defendant had a setoff to the clan he should have been prepared with it, so that it could have been considered. Tudgment would be entered now for the amount claimed, namely $425, with costs sand it would be recorded that no evidence of the set-off was considered, and leave given for th defendant to bring a cross action against plaintiff, within a reasonable time, to recom any amount he may claim to be due from the plaintiff, on the working recount of the steamer Pavkong.

Text read from the printed page and cleaned; old type leaves the occasional error.

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