DETENTION OF A CAR.

Auckland Star, Volume LX, Issue 215, 11 September 1929, Page 11

DETENTION OF A CAR.

CLAIM FOR POSSESSION. QRDEK MADE BY COURT. Mr. F. H. Levien, S.M., was occupied until late yesterday afternoon at the Magistrate's Court hearing a claim for possession of a motor car. G. J. Aitcheson (Mr. Goldstine) sought to recover from the Car Sales and Service Company, and Philip Lewis (Mr. Blakey) possession of a motor car, or in the alternative, its value £275, with damages £25. A collision occurred on August 19, and it chanced that Mr. Arthur Thompson, of the defendant company, arrived with a car. At the request of plaintiff, Mr. Thompson towed the damaged car to his garage. In evidence, plaintiff stated that he told Mr. Thompson not to do anything to the car till it had been inspected by an adjuster for the insurance company. Later a representative of the Dominion Motor Company called for the car, and offered to pay anything due. He was refused delivery, and so far possession had not been secured. The defence was that no person who demanded the car had produced written authority from plaintiff for its delivery. Mr. Levien said plaintiff was entitled to possession of his car, but as no serious loss was sustained by its detention heavy damages were not warranted. Defendant was ordered to return the car, or in the alternative judgment would be for £275. Damages for detention were fixed at £7 10/. Costs were allowed plaintiff.