OWNERSHIP PROBLEM SETTLED

Dominion, Volume 22, Issue 33, 2 November 1928, Page 3

OWNERSHIP PROBLEM SETTLED

4. GOODS OBTAINED BY FALSE PRETENCES By Telegraph.—Press Association. Clwistchurcb, November 1. Whether certain goods fraudulently obtained and sold should remain the property of the person to whom they were sold, or should be returned to the original owners, was the question to be decided by Mr. Mosley, S.M., in the Magistrate s Court to-day. The case was a sequel to the recent conviction in the Supreme Court of James Bullars McKenzie, who was sentenced to a term of imprisonment on several charges of obtaining goods by fraud. The original owners applied to the Court to have these goods returned by Edward Wright, to whom they were sold by McKenzie’s partner, Sweeney, now missing. . . Evidence was given as to the circumstances under which the goods were sold. The goods comprised thirteen cases of motor spirit. 191 sheets of galvanised iron, five pneumatic tires, and one solid tire. The Magistrate said the case was different from one of theft, for the thief had no title to the goods he stole. When a man obtained goods by false pretences he acquired some measure of title. The crux of the matter wns whether Wright acted genuinely and gave value. In order to succeed plaintiffs would require to prove that Wright knew the true position, and paid a ridiculous price. After hearing evidence the Magistrate ordered the goods to be returned to k Wright.