THE BUYING OF A GAB

New Zealand Times, Volume XLIX, Issue 11246, 26 June 1922, Page 4

THE BUYING OF A GAB

"SHAMEFULLY CHEATED/ SUPREME COURT DECISION. Judgmoats were delivered by Mr Justice Hosking on Saturday regarding actions brought by Alios Tickner and Bessie Just Awdry against the Citizens' loan and Discount Cb.. Ltd., in respect of bills of sale executed in a somewhat unusual manner. In both cases the plaintiffs had been approached by one Gerriard, and had been persuaded to execute the bills—in the first case for •£lOl Bs, of which. .641 8a represented in. tereat, and, in Mils Awdry’s case, jBBI, of which .218 10s represented interest —over their household furniture. During the hearing of the actions allegations were made by the plaintiffs and their counsel, that both Mrs Tioknor and Mrs Awdiy had been shamefully tricked by Gerraid, a taxi-car driver, his procedure being to take over the bills of .sale, without, however, acquainting the defendant company of tho true position, and. then paying imstalSxpents and interest up to a point, with, le result that whan the bills became ue the defendant company proposed to seize the chattels over which tho bills were made. The plaintiffs asked that tbe court should grant them relief by ordering that tbeir liabilities under the bills of sale should he discharged; that the securities given should be cancelled and that the bills should be declared void upon legal grounds, including allegatione that the terms were harsh and unconscionable, and that owing to tho manner in which Gerraad had made payments to the company the plaintiffs were granted release. The money was reolly advanced to Gotrand, they said, and they did not receive any part of it, the securities executed ibeing by way "TSf guarantees and sureties for Gerrard. Referring to the action takon by Mrs Tickner His Honour said : "While I consider that the evidence shows she has been shamefully cheated by Gerrard, yet it appears to mo that her view of the facts as presented by her statement of claim in regard to the defendant is not borne out by the evidence.” His Honour ruled that the bill of sals given by Mrs Tickner was void as regarded the property in or the Tight to the possession of the chattels comprised in it or affected by it, though the plaintiff’s personal liability was unaffected. A similar ruling was given in resbect of the other action, and in. regard to the allegation that terms were harsh, His Honour advised that the parties should endeavour to oome to arrangements as to the amount and mode of payment.