1781-02-07 (static/transcriptions/1781/02/017.jpg)

1781. 1 Sittings. [Wednesday] Feb. 7.

account for Sercars Wages. And whether One Thousand One Hundred Rupees paid by the Defendant to Beroo Dutt a Sercar or Cashkeeper in the Service of Mr. Lyon the Plaintiff, was before the Action was brought was to be consider’d as paid to Mr. Lyon the Plaintiff, and the Court were of Opinion it was because Beroo Dutt was Mr. Lyon’s Servant usually employ’d to receive Money for him and received this in the usual Course of his business; although after he had received it Mr. Lyon told him he would not take it nor have it placed to his account because the Defendant he said owed him more money: and Beroo Dutt had neither repaid the Money to the Defendant, nor paid it to the Plaintiff: and the Sercars Wages being also to be allow’d according to the Evidence, the Sum Tender’d on Calculation appear’d to be sufficient, on which according to the rule of this Court there was
A Non-Suit
With Costs as usual.