BILL OF SALE CASE.

Lyttelton Times, Volume CXVII, Issue 17289, 3 October 1916, Page 5

BILL OF SALE CASE.

L. W. BALKIND REFUSES TO RETURN. PLAINTIFF AWARDED DAMAGES. • Mr H. W. Bishop, S.M., heard a case at the Magistrate’s Court yesterday, in which W. C. T. Mon is (Mr Raphael) sued L. W. Balkind (Mr Cuningham) for the return of a chattel, and £5 damages. Mr Raphael said that Morris borrowed some money from Balkind, and when lie had paid it off he asked for tho return of tho bill of _ sale. Balkind refused to return it. "On what ground,” demanded the Magistrate. "On no grounds whatever,” said Mr Raphael. "Ho simply said he would not give it up, but would give a receipt.” "Didn’t ho give a reason,” pursued the Magistrate. "Whose property is it?” " The man’s, of course,” said Mr Raphael. "1 sent a clerk down with a letter demanding it, aud ho tolcl tho clork to fire ahead. He refused to give it up. I summonsed him on Saturday, and ho went to see his so-

licitor, who comes to me on Tuesday morning and delivers the actual bill of sale I sued for, and only offers Bs, tho costs of the summons itself.” Mr Cuningham said that ho did not dispute tlio facts. Tho only contention was his friend's costs. "You do not contend that your client should have held that bill of sale,” stipulated the Magistrate. “No,” said Mr Cuningham. "it is merely a matter of practice.” "Jolly bad practice.” oommented tho Magistrate. , " As soon as ever my client instructed me I tendered tho bill of sale,” AD Cuningham added. " Then it is all a question of damages,” said the Magistrate. "Prove your facts, Mr Raphael.” Mr Cuningham interposed that the plaintiff could recover the deed or its worth in damages. The worth of tho paper was a penny, or at the outside, tw op once. "Yes,” said the Magistrate, "but your client, through his own pig-head-odnes3 or ignorance, lias put tile plaintiff and his solicitor to the trouble of following him up For this, and lie only gives it up when it gets into your hands.”

“ 110 should have given it up,” conceded Mr Cuningham. "Moneylenders have got to toe the mark,” said the Magistrate pleasantly.

Ivy Curragh, called by Mr Raphael, gave evidence that she delivered tho letter to Balkind on September 21, and he said, "Keep going; fire ahead." Morris, the plaintiff, said that he •owed Balkind £5 12s, and paid him on September 21, and asked for the bill of sale. Balkind.said, "I never gave one in my life, and I never will. I will tear it up in your face, but I won’t give it to you.” He offered to give a writing of satisfaction.

Mr Cuningham was proceeding to explain that the course asked of Balkind would involve a little more expense, when the Magistrate broke in with: "Isn’t that part of tho business? You are getting whatever interest vou can get. That is part of the game.’’ " Next tinfi ho had better ko and ask advice of his solicitor,” file Magistrate continued. "If he had a regular solicitor to whom he could refer these mat-tej-s over the telephone,, he could have avoided this trouble. I don’t know how many solicitors he has had. It’s no business of mine. Judgment for the plaintiff for 40s and costs.” “ I offored to settle it out oF Court for two guineas,” said Mr Raphael as a parting shot.