SALE OF A CAR.

Auckland Star, Volume LXIII, Issue 288, 5 December 1932, Page 3

SALE OF A CAR.

THEFT CHARGE FAILS.

HIRE-PURCHASE TRANSACTION

SALESMAN TO STAND TRIAH On a charge of stealing a motor car valued at £185, the property of Seabrook, Fowlds, Ltd., a man whose name was ordered to be suppressed, appeared before Mr. W. R. McKcan, S.M., in the Police Court this morning. Mr. A. Moody represented accused. A director of Seabrook, Fowlds, Ltd., William F. Fowlds, said defendant called on November 0, last year, and bought a car on the hire purchase system for £185. As a deposit, another car valued at £55 was accepted. The balance owing was to be paid at the rate of £0 15/2 a month. On June C, of this year, accused was owing £25 6/6, and witness found out in that month that the car had been disposed of to a farmer at Whangarei. The Whangarei agent of the firm was instructed to get possession of the car. Defendant had no authority, to get rid of the car.

Cross-examined by Mr. Moody, witness said defendant had advised them early this year that he was having difficulty in meeting the payments. He also spoke of selling the car and asked for advice. If he had found a suitable buyer, the firm would have agreed to the car changing hands. If the man who had possession of the car paid the firm the balance owing, the deal would have been closed. The firm-was quite satisfied with defendant's conduct. The car had been sold again. Mr. McKean: Under the circumstances it would lie absurd to commit the accused for trial. "There has been a blunder made by some responsible official," said Mr. Moody. The case against accused was dismissed.

Salesman Charges. Following the dismissal of the charge against the owner of the car, Thomas Roy Seally was charged that on June 26, having received £87 10/ on terms requiring him to account for or pay to the man whose name was suppressed, lie fraudulently omitted to account for £77, thereby committing theft. Mr. Bryco Hart appeared for accused. The- owner of the car said he had handed the car over to defendant for sale. Some adjustments were necessary, but he did not authorise a complete overhaul. Accused told him in June that he was about to sell the car at Whangarei, and paid witness £10. He had instructed defendant to ask about £150 for the car, and told him definitely that the car was held under a hire-purchase agreement. Ho received no further payments from defendant. N. A. V McDonald, garage proprietor, of Whangarei, said defendant called at his garage in June with a "baby" car, for which he was asking £160. The car was placed in witness' showroom marked £105. He later introduced a Mr. T. Kendall to defendant, and Kendall bought the car.

Farmer's Evidence. Thomas Kendall, farmer, of Thames, said ho bought the car at Whangarei in June, paying £87 10/ in cash and handing over a roadster as well. Defendant gave him a receipt, which he produced. The car was later claimed bv the Whangarei agent of Seabrook, Fowlcls, Ltd. Witness regained possession of his old car, but did not get the £87 10/ he had paid. Detective Packman said lie interviewed defendant, who admitted selling the car. He said he received £87 and another car. In a statement, defendant said the money he received had been used in expenses and commission.

Defendant denied the charge and was committed to the Supreme Court for triaL Bail of £100 was allowed.