UNCLAIMED DRESSES

New Zealand Times, Volume XXXVII, Issue 8330, 16 January 1913, Page 11

UNCLAIMED DRESSES

T.F.AD TO LITIGATION. Special to tho “Timea.” AUCKLAND, January 15. A case presenting somo peculiar features was heard before Mr E. C* Gotten, S.M., at the Magistrate's Court. Ayoung lady some months ago took certain material to a well-known local costumerie to be made up into two ballroom dresses. The dresses were' made to the young lady's order, hut she failed to put in an appearance to claim them. After keeping the dresses on hand for some months the costumiero, decided to sell them, believing that the owner had no intention of claiming them. The dresses were accordingly sold, but a short time later their lawful owner appeared and stated that she bad been unable to call before owing to a severe illness which had prostrated her and kept her in hospital. When she found that her dresses were lost to her she promptly instituted an action for the recovery of the value of the material, £2 14s. The defendant firm paid the amount of the claim into court, but brought a counterclaim against the plaintiff for J£s 15s for alleged loss on the sale of the dresses, owing to alleged negledt on the part of plaintiff in not taking delivery of them. The Magistrate in giving his decision said that while the defendant had done the best thing in selling the dresses under the circumstances, still he was legally wrong in doing so. The plaintiff was therefore entitled, to the value she claimed for the materiaL It was a fair case for settlement.

Mr Moore, wlio appeared for defendant, said he recognised that under such circumstances it wae no use going on. Mr Cutton said there would be no cost* on. either side.