DJABANOR J.
The plaintiff in this case claimed from the defendant the recovery of the sum of £G1,325, being money belonging to the plaintiff of which the defendant has been the custodian.
The facts are not in dispute. On or about the 29th July, 1958, the defendant, the treasurer of the plaintiff council, withdrew a large sum of the plaintiffs’ money, from the bank for the purpose of paying wages and salaries of the plaintiffs’ employees. He made some payments on the 30th July, but by the close of work on that day a large amount of money still remained with him unused. Since by that time the banks had closed he locked this amount, together with other of the plaintiffs’ moneys and documents, in the plaintiffs’ safe in his office at the treasury. Next morning an amount of £G1,325 had disappeared from the safe. Upon inspection by the police it was found that the door of the office was not broken into, nor any window, nor indeed the safe itself. A key must have been used to gain access to th…