UNUSUAL CLAIM

Evening Post, Volume CVII, Issue 67, 19 March 1924, Page 6

UNUSUAL CLAIM

MONEY LEFT FOR SAFE KEEPING.

A somewhat unusual civil action was heard before Mr. W. G. Riddell, S.M., at the Magistrate's Court this morning, when John Kara, agent, of Wellington, proceeded against Eva Briseoe (sued in respect of her separato estate) for the recovery of £180. The statement of claim alleged that about April, 1922, plaintiff deposited tho amount of £130 with defendant for safe keeping, and that a request for its return, had not been complied with. Further, it was alleged defendant during the the same month had contracted to marry plaintiff on his return from India in eighteen months' time. He returned in August, 1923, to fulfil the contract, and found defendant married to a third parly. Plaintiff claimed £130, together with the sum of £50 representing portion of the cost of his return from India.

Mr. R. Scott appeared for plaintiff, and Mr. P. • .T. O'Regan for defendant.The defence was a complete denial that defendant had received anything but £20 from plaintiff. It was submitted that the mm of £50 for; travelling expenses must be disallowed.

In giving judgment, after'hearing considerable evidence, tho Magistrate (Mr. W. G Riddell, S.M.) said that plaintiff must fail on tho item of £50. since it seemed he would have returned to New Zealand in any event. Although the course was somewhat unusual, he proposed to consider the fact that plaintiff intended to make some provision for defendant during his absence. He would fix that amount at £100, and entered judgment for the balance, £30. with costs.