CLAIM. FOR POSSESSION.

Auckland Star, Issue 17, 21 January 1932, Page 3

CLAIM. FOR POSSESSION.

DISPUTE OVER BOAT ENGINES. Reserved judgment in the claim by Vincent Bros.' of Sydney, against C. T. Collings, of Auckland, trading as Collings and Bell, for possession of two boat engines, or for their value of £03 18/2, was given by Mr. F. Iv. Hunt, S.M., in the Magistrate's Court yesterday. There bad been no dispute about the facts, said Air. Hunt. The engines were consigned to Colonial Distributors, Ltd., by the plaintiffs for the purpose of sale, and the company instructed the defendants to build" boats suitable for the engines. The boats were to be completed by October 31, 1931, but before the contract was completed Colonial Distributors, Ltd., went into liquidation. "The defendants refused to return the engines or to pay for them," said the magistrate. "They claimed a lien on them for work done. There is no evidence that anything was done to the engines which would create a lien. The property in the engines has never passed from the plaintiffs, and I am of the opinion that Colonial Distributors, Ltd., was not acting in the ordinary course of business of a mercantile agent in ordering boats to bo built for the engines. There is a difference between a pledge and a lien. In one case the property passes; in the other it does not." Judgment for the return of the engines or their value in the amount claimed, if possession could not bo given, was entered, with costs against defendants.