Decision Reserved On Claims Over Car

Press, Volume CI, Issue 29901, 15 August 1962, Page 17

Decision Reserved On Claims Over Car

Decision was reserved by Mr E. A. Lee, S.M.. in the Magistrate's Court yesterday on a claim tor £306 and a counter-claim for £217 15s. Lydia Emma Handiside. a married woman (Mr A. C. Brassington), was the plaintiff and Alan Cordner Midgley, a driver (Miss C. J Fleming), was the defendant. The claim related to a car given to Midgley to sell in 1959.

Handiside claimed £2OO for depreciation. £56 for the costs of repossessing the car. and £5O for wrongful detention.

Midgley counter-claimed £ll7 15s for repairs, £3O for wrongful removal of tools and equipment. £2O damages for their detention, and £5O for trespass. In her statement of claim the plaintiff said that in 1959 she gave Midgley a 1939 Studebaker car to sell. In April, 1961. she demanded possession of the car, but he wrongfully refused. Without authority. Midgley had used the car for his own private purposes. While in Midg-

ley's possession the car was damaged. It had depreciated £2OO. and was now worth £5O for wrecking. Statement af Defence

In his statement of defence and counter-claim Midgley said that when Handiside gave him the car In 1959 he was to put it into saleable condition and to sell it The car was worth £ 100. The plaintiff was told the car would have to stand in the open, and no objection was made. The car required repairs amounting to £ll7 Its, which the plaintiff refused to pay when possession was demanded in April. 1961.

The defendant denied that he wrongfully used the car for his own private purposes. and that the car was damaged while in his possession. The only depreciation to the car was a result of its being exposed to the weather since 1959. Midgley denied that the car had depreciated to the value c f £2OO. as it was worth only about £lOO in 1959. In March. 1962. he said, the plaintiff unlawfully trespassed on his property and unlawfully removed the car without his knowledge. The vehicle contained tools and equipment belonging to him. Evidence Heard Thomas Malcolm Handiside. husband of the plaintiff, said in evidence that Midgley had never been authorised to repair the car. After he had helped Midfley to obtain a job Midgley offered to do him a return favour and sell the car tor himIn evidence. Midgley said he used his Qjvn small car for personal use. but he took the Studebaker to . work, where there were several persons interested in buying it. Cross-examined by Mr Brassington, Midgley said he took the Studebaker to Akaroa on his wife’s birthday to run it in. Mr Brassington: Why did you take the car to Kaikoura with false plates? Midgley: To sell it. Why did you take it to the Hurunui river mouth? —It was a good car for a farmer.

Why did you put false plates on?—I suppose I did it on the spur of the moment. I’ve been punished for that. Midgley also admitted taking the car to Nelson.