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THE LEAGUE OF TWELVE.

CRITICAL TIMES IN LIFE. .

-------------------LOCAL LIGIITf^PG-UP…

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RUTHIN COUNTY COURT. -

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RUTHIN COUNTY COURT. THURSDAY.—Before His Hoaonr Judgel Sir Horatio Lloyd. The following cases were crowded out last week. A MINERAL WATER DISPUTE. The Ruthin Soda Water Company claimed from Mary Ann Roberts, of Tower Place, Prestatyn, grocer, the sum of .£17 6s 6d, amount due for goods sold and delivered. Mr A 0 Evans, Denbigh, appeared for plaintiffs, and Mr A Lloyd Jones, Ruthin, for defendant. Mr Lloyd Jones stated that he was only instructed on the previous day, and he applied for an adjournment on the ground that the defendant's husband was ill in bed. The defendant admitted the plaintiff's claim for mineral waters of R6 8s, subject to the discount, and was willing to pay that amount, with the costs on it, into court, but the dispute was as to the returned empties, a fact which he thought could be proved by the railway company's sheets. Mr Evaas said he strongly objected to any adjournment unless His Honour saw fit that the amount should be paid into court. He was not permitted to refer to the letter which had been written to the company, without prejudice, in which the defendant asked that such a letter should be pre- served that it might be brought into court. The defendant had not only been to Ruthin the previous day, but had seen Mr Davies, the manager, and went to the office, where she made sugges- tions with regard to the amount that she had acknowledged. If an adjournment was granted he asked that a certain sum should be paid into court on account of the amount claimed and the costs. His Honour: You acknowledge £6 8s. Mr Lloyd Jones: Yes, for the imineral waters, but not for the empties. Mr John Davies, the manager of the Ruthin Soda Water Company, said that the defendant owed 917 6s (id for goods sold and for empties. A His Honour: Upon that I enter judgment or plaintiffs with costs on the claim, and direct that this judgment is to be set aside if the defendant pays into court within ten days 26 8s, and the taxed costs of this day, and in that case matters so far in dispute will be heard at the next court; otherwise the judgment will go. ANOTHER CLAIM HV THE SAME COMPANY A QUESTION AS TO RETURNED BOTTLES. The Ruthin Soda Water Company claimed from T F Roberts, rate collector, St Asaph, t3 8s 4d for goods sold aud delivered. Mr A 0 Evans appeared for plaintiffs, and defendant was unrepresented. Air Evans stated that the plaintiffs sought to recover from the defendant, who lived at St Asaph and was late of the Clwydian Vaults, an amount due for waters supplied and empties which were not returned. Since an application had been sent by him the defendant had paid to the company's traveller (Mr Maysmor Gee, of Ruthin) the sum of kl, so Ithat the real amount due to the plaintiffs was £ '2 8s 4d. rhe defendant also claimed that the sum of 5s was due to him as discount, but there was nothing in that. The defendant seemed to allege that because the bottle account was struck out in the account produced to him he was free from the balance; besides that, bethought that, because he had since sold his- business to a Mrs Jones, she was supposed to have returned the empties. That question of the empties had been thoroughly thrashed out in a similar action against an hotel proprietor of Colwyn Bay, in which His Honour had given judgment for the plaintilfs for the total amount claimed. That action was fully reported in the Welsh coast newspapers, and his clients had had some trouble on that account. The plaintiffs had got empties- bottles, cases, syphons, &c—in the hands of customers which amounted to between iC2000 and 93000, so that it was a matter of moment to the Company to have those empties returned. The usual course was I to debit the customer with the value of the waters and the cases, and when the cases were returned the customeR were given credit for them. When empties were delivered the company advised the cus- tomers of the quantity returned. They had taken that step of debiting customers with the amount of the empties received, and that was the way all transactions were iuvariably done by Mr Gee, who was so careful and saw that all the regulations and instructions of the company were carried out. Mr John Davies, manager for the plain- tifl's company, said credit of kl had been made to defendant who still owed £2 8s 4d, The account was made up of £1 5s for waters and the balance for bottles, &c., not returned. Defendant: Is it a fact that your van came round to collect empties ? Witness: Yes. Defendant stated that on 31st March, 1902, an account was dated against him by I the Company, but it was not delivered to him until the summer—some time in Juae I or July. The traveller, Mr Maysmor Gee, asked him to send the sum of RI, which he did, allowing defendant £ 1 5s as discount (laughter), and on the 15th January, 1903, he received a summons for R3 8s 4d. He had sold his business in April of 1901 to Mrs Jones, the present tenant of the Clwydian Vaults, and in June the Company's van came around for empties, and the empties left in the house were giveat by Mrs Jones. He left about 24 irl^zeu bottles at the Clwydian Vaults. The van collected those empties, and neither he or the present landlady of the Vaults had received any acknowledgment of the returns. She had told him, and was pre- pared to swear that the-empties in question were collected by the company. His Honour: I cannot have what she says, second-hand. The law requires that she should be here. Defendant: I would have brought her here, but I only heard this morning that the plaintiffs were going on with the case. I thought they might have withdrawn it (laughter), or I would have brought her here. His Honour You handed these bottles to the incoming tenant, thinking that you were under no obligation to send them to the plaintiffs, but you are the person liable for the safe return of the empties. Defendant: Quite so, but they were collected by the company and carted away from there. His Honour: You do not know that,, only what Mrs Jones has told you. Defendant: Then I ask that the case be adjourned that I may subpoena Mrs Jones. His Honour If it is adjourned you will be responsible and liable to pay the costs of to-day. Do you wish that ? Defendant: I only wish for what is right. His Honour: I will give judgment for plaintiff for JE2 8s 4d and costs, and if the defendant finds that Mrs Jones can give evidence of material effect to the case, and he so wishes it, he can have the case re- heard at the next court, provided he pays the amonnt and costs into court within 8 fortnight, judgment will then be set aside.

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.CORWEN.

410 LICENSING SESSIONS.

ABERGELE.

COLWYN BAY, >•