A COSTLY CYCLE.

Hawera Star, Volume XLVIII, 9 October 1924, Page 7

A COSTLY CYCLE.

NATIVE HAS TO PAY. UNDER HIRE PURCHASE AGREEMENT. A native who failed to keep up the instalments due under a hire purchase agreement found, after his case had been disposed of at the Hawera Magistrate’s Court this morning, that his expenses over the venture had amounted to £l6 18s after he had handed the bicycle, which was the subject of the agreement, hack to the man from whom he had purchased it. i The plaintiff in the case, Leopold Marter, who was represented by Mr Matthews, claimed the sum of £8 10s from Koni Tetauna, being the balance of instalments due under a hire purchase agreement. Plaintiff in evidence said that on March 11 last defendant entered into a hire purchase agreement in respect of a bicycle, the price of which was £l4. The sum ,of £5 10s had been paid by the native when the instalments ceased, and the cycle was subsequently seized. On the cycle being recovered, however, it was found that repairs were necessary, and on these being effected at a cost of £2 10s the machine was resold for £5 10s. Cross-examined by Mr Beechey, who appeared for the defendant, Marter stated that he read the agreement through to the native before it was signed, and the native thoroughly understood it.

Mr. Beechey contended that the native did not know what the contract was or what his rights or liabilities under it were. It was “over the fence’'’ to expect tlie native to now nay everything, and he submitted that the matter should lie dealt with under the equity and good conscience rule. ‘ The native in his evidence denied that Marter bad read the agreement over before lie attached his signature. He could only read English a little, but he understood that if he did not pav the instalments the cycle would be seized.

The Magistrate said the evidence was conflicting, but the onus of nroof being on the defendant he was "'not prepared to disbelieve the plaintiff. He was satisfied that the native knew substantially that he was getting the bicycle on terms. Defendant had had the use of the bicycle. Judgment would be for £8 10s, Avith costs amounting to £2 18s.