At the Scarborough County Court Thomas Hy. Wilkinson, formerly carrying on business as a tailor in Victoria Road, sued Isaac Morley, plumber, Victoria Road, for £2 5s, for goods sold. Mr J Whitfield, solicitor, was for plaintiff, and Mr R Harland was for defendant. Mr Whitfield said that Mr Wilkinson had retired from business, and this was one of the outstanding debts. The money was for a costume for the daughter of Mr Morley, a young girl, supplied in December, 1905. The account was sent in, and later half-yearly, then quarterly. In March last year which had been owing for a considerable time. The ingenuity was extraordinary to get out of paying the account, said Mr Whitfield, first the Statute of Limitations, secondly that the amount was wrong, thirdly that the account was owing by somebody else, and, he (Mr Whitfield) supposed that fourthly he did not want to pay (laughter). Then defendant said that plaintiff owed him an account, but the latter, receipted, was produced and shown to him.
In evidence plaintiff produced his books, and the Acting Judge said that an amount had been paid off another sum, leaving £2 5s.
Mr Whitfield said that was another matter.
The Acting Judge said that if that should be the £2 5s it might make a difference as to the Statute of Limitations. Plaintiff had never made a costume for less than £2 5s in his business career.
The Acting Judge: Not even for a little girl?
Plaintiff: No. That was the lowest price. I did a good class business.
The Acting Judge: And, of course, the cloth was good? (Laughter)
Plaintiff: Yes, it was.
By Mr Harland: The costume was not supplied in August of 1906.
Mr Harland asked if the sum wasn’t a large sum for a girl going to school, and for an ordinary costume, but that was his price. When Mrs Morley chose the costume plaintiff did not say he would do it for £1 15s. He did not undertake to make a blouse.
Mrs Wilkinson said that defendant had paid an amount, leaving the £2 5s for the costume owing. Mrs Wilkinson asked him if he was not going to pay it, and he said, “Yes, but he wanted to see Mr Wilkinson about it.”
Mr Harland: Didn’t he ask you to take his amount off and leave the £2 5s to be paid Mrs Morley?
Witness said that defendant really owed it. Defendant did not dispute the account at the time.
Mr Harland said the sum was large for a costume for a child. The accounts of Mr and Mrs Morley paying for her own, and the children’s goods.
The Acting Judge: If there is no intention of getting out of it, I do not see why the £1 15s has not been paid in Court.
Mr Harland: The reason is this: I was only instructed on Saturday night, or I should have paid the money into Court.
Mrs Morley said the costume was supplied in the last weeks of August because it was for the girl to commence going to the Municipal School, from the Gladstone Road School. Mr Wilkinson said the cost was to be £1 15s, or £2 with a blouse. She had never seen the blouse.
Dorothy Morley daughter of Mr Morley, said she was 12 when she got the costume. She got the costume to go to the Municipal School. She herself went twice about the blouse. The first time Mr Wilkinson said he would send it up, and on the second occasion he said he did not make them.
Defendant said the costume was worn by the girl in September, 1906. He remembered distinctly because she went to the Municipal School that month, and the girl wore it on the bowling green when witness won the Hospital Cup.
By Mr Whitfield: Witness had never sought to evade payment, but the amount was overcharged. He wished to pay, and his wife had paid pounds to Mr Wilkinson’s before that costume was bought.
Mr Harland said that a counter summons might be taken out later. There was no intention to avoid payment, but the amount was too large. It should have been £1 15s.
The Acting Judge said the books of the plaintiff were well kept, and he gave a verdict for plaintiff for the full amount with costs.