MOTOR-CAR SOLD

Dominion, Volume 29, Issue 208, 30 May 1936, Page 7

MOTOR-CAR SOLD

Court Orders Return Reserved judgment was given by Mr. J. H. Luxford, S.M., in the Magistrate's Court, Wellington, yesterday, in a civil case in which W. J. Hillgrove (Mr. It. W. Watterson) proceeded against A. W. Sands, traveller (Mr. R. Hardie Boys), and 11. Cooke, garage proprietor (Mr. W. I’. Coles), claiming recovery of a motorcar or its value and £3O for alleged wrongful detention and loss of use. Plaintiff's car, which had been garaged at Petone since the latter part of 1934. and had not been used by plaintiff, was removed in August, 1935, to the garage of defendant Cooke. In March, 1936. Cooke, having to shift to new premises, and not knowing what to do with the ear. sold it to defendant Sands for £25 on the morning of March 14. The same afternoon plaintiff and his wife arrived and claimed the car. Cooke at once offered to repay the £25, but Sands refused to return the ear, and subsequently spent £l5 on repairing it. The magistrate ordered Sands to deliver the motor-ear forthwith to plaintiff. Holding that Sands knew of plaintiff's claim when he expended money on the car, the court allowed no part of the £l5 spent on repairs." No damages were granted for wrongful detention or conversion. .Judgment was entered against Sands for the return of the car, and costs, and against Cooke for 1/- without costs.