WOMAN'S CLAIM.

Auckland Star, Volume LXXI, Issue 87, 12 April 1940, Page 3

WOMAN'S CLAIM.

OWNERSHIP OF CAR.

C(JURT ACTION FAILS.

GIFT NOT COMPLETED

Unusual circumstances attended an action concerning the ownership of a motor ear, which was heard before Mr. • lustice Ostler in the Supronie Court today, when Edwina Leech, spinster (Mr. Fawcett) proceeded against Garth C. Ballantyne, warehouseman (Mr. Hubble) claiming possession of the car, or £14.~> and £10 damages.

.Mr. Fawcett said that the plaintiff was one. of twin sisters aged 27 year*, who had for eight or ten years been protegee of Kobert \V. S. ballantyne, an elderly artist and father of defendant. Attracted by the plaintiff because flic reminded him <if a, lost daughter. Mr. Bulliintyne at one stage had spoken of adopting the twins, who were orphan* in charge of a maiden aunt. That had not been carried out, but lie had made them gifts and had employed plaintiff on day work to help his wife, in the home and later, when his wife died in July laet year, she had done the housework for him till his death in Oetol>er. In August Mr. Ballantyne had spoken of getting a motor car and eventually, with his son's advice, had got one. Plaintiff had been told by Mr. Ballantyne that the car was to belong to her and had

got her to practice for a driving license, telling her he would'put it in her name when she had the license. She had got her license on September 27. but Mr. Ballantyne had then been very ill and had died ,on October 4. He had then been 78 or 79 years of age.

Car Taken by Son. Counsel said he would show that Mr. Ballantyne senior had told several people that the car had been bought for plaintiff. After -Mr., Ballantyne'g death, the car had been taken over by his son, the present defendant. Hi:: Honor remarked that the case looked to hint like an uncompleted gift, and counsel replied that he had evidence to support plaintiff's statement that the car had been given to her.

After evidence had l>ecn given by plaintiff, her sister and two other witnesses, his Honor said that, oven if all the evidence were true, the difficulty he felt was that the testator had not delivered the gift.

After a nonsuit point raised by Mr. Hubble had been reserved, evidence in defence was given by the defendant, who craid he had assisted hie father in the choice of the car and had frequently been in his father's company later, and had never heard a suggestion that the car had 'been bought foV Miss Leech. His Honor said he felt eorry at having to decide against plaintiff, because he accepted hex evidence as true that she honeetly thought the car had been given to her, but there had been no delivery in accordance with the law, and the decision must be for defendant, with eoste.