A CLAIM FOR CHATTELS.

Poverty Bay Herald, Volume XXXX, Issue 13063, 1 May 1913, Page 2

A CLAIM FOR CHATTELS.

. DISPUTE OVER BILLIARD jfeALL^. Charles Saund£^d, billiard-room proprietor (Mr H. Bright),, proceed*** against Charles Alexander Phillips (Mr Burnard) at the Magistrate's 1 Court today to recover certain chattels, or their value, £19, and £l damages ; fov detention, m connection with 1 the sale of a billiard-room. ■ ■■■i • *•■ Plaintiff said he approached defendant about purchasing ihe latter's blllittfdroom- Defendant said he would Cake £400 for the business, and witness Accepted the offer.*- At that time, witness dad not know all that the "salqWcontained. He was to get possession -"on March 17. Defendant made no reservation m, respect to any of the 1 articles. Ho did' not arrange with witness to take ' away a set of snooker baJls and a set'^f billiard balls. Tlie list, attached to the. agreement was made by defendant' on March 17. Witness had several times demanded! possession of the' gocfdS',,' bjut defendant had. said they were -jipbion-fch^ list.— To Mr Burnard : WitnßssV'^ttidied to buy on March 10. *■ He- did ntofc-^s}c defendant then what ball», etc., '.he liaid. Witness now had a set of snookgv balls and two sets of billiard- balls* '.pefen ldaait. never said there'- were?- more;. 1 'Jt '• was aa-ranged they should -make -out an inveijtoiy, which was-done on ; tJifi' !t?th.< William Fox, billiard marlcer, :aaid March 10 the snooker at«d bjUirtrd- "balls claimed for were m the billiardv'isflloon, and were m use. .Oil the following' Friday night, March 14j <tefenda>nt the shoober bhJls away, saying they rdltl'ltOt go with the saloon,- aaid tnatvHe«.;liJad arranged "with,^ plaintiff abbubthettfc^xKteln night he took a-w&y . the ' bUlii^C: Jbilir.'i The snooker balls wene ' tHe set, as they were pmctioallyv-fie^l'^he billiai-d balls were worth. £2 i.'^B.^To Mr . Burhard : > Defendant .did mfit tatfe the balls away on.- .the Pi'idajr-b^fpre ttfja-' 10th. Witness did not adviß&'idiefen r dant that the extra Halls shoiildi^not be sold' with the business. ' •. ';'; *..-. Mr Burnaavi' said the list sho-wfed- that plaintiff did not expect to get- more -than Ayaa specified therein. The fact that tho list was prepared! was -conclusiyie; evidence of the articles, that .were 1 intended to be -sold. ' '' Vi- I *' •■ ■■■• ,:->•. Defendant said plaintiff wajj frequently at his saioon^ -fropi • February, iq March .10, ori whioli day plaintiff X^iraxli to purchase the business.; /-Witrigss hlidf one set of billiard baJls for eadjl^ tabfe; and one set of snoolcer balls^for .th©; two tables. He kept another . : ee,tMat hi 8 house near tlie saloon. ' He had triedl;to; sell them several timesV Be only used the snooker' balls twice m. the I ' saloon i, ' and left them there till March 7J w^h. he took them away". He took theinoway befot«e plaintiff paid->& deposit. Wfitikeas told " plaintiff he would get one. set of snooker balls and two sets of billiard* balls. Witness , first met plaintiff on February 24. . : (Case proceeding.) .