HIRE PURCHASE AGREEMENT

Poverty Bay Herald, Volume LIII, Issue 16456, 27 September 1927, Page 8

HIRE PURCHASE AGREEMENT

POSSESSION OF CAR SOUGHT The sale of a motor-car under a hire purchase agreement, and the subsequent transferring of the vehicle by the purchaser to other parties was the subject of a defended civil action heard by Mr. E. C. Levvey, S.M., in the Magistrate’s Court, this morning. The plaintiffs, the Tourist Garage, proceeded against Hamilton Beattie and Thomas Hill, seeking the possession of the car concerned in the agreement. Mr. D. W. lies, instructed by Messrs. Barnard and Bull, appeared for the plaintiffs, and Mr. G. DeV. Robinson, instructed by Mr. J. R. Kirk, for tho defendants.

Mr, lies explained that the claim was in respect of a car which was the subject of a hire purchase agreement. The car was first purchased by James Beattie, a brother of the defendant, and subsequently was transferred to Hamilton Beattie, who later transferred the ear to Hill, his father-in-law. James Beattie continued making payments until June, 1926, but did not disclose the fact that the car had been transferred to I'iis brother. The car was now held by Mr. Hill, and tho plaintiffs were seeking possession of it. Charles Blackburn, 1 accountant, stated that lie was representative in Gisborne for the Guarantee Corporation. A time arrived when James Beattie got behind with his payments, and his brother agreed to take over. New promissory notes were made out, but witness was not sure whether a duplicate hire purchase agreement had been drawn, up. Frederick Wilkinson, manager of tho Tourist Garage, stated that the car was sold to Beattie in June, 1925, andi he kept up tho payments for a year. Then lie got into difficulty and did not meet his promissory notes. Later, he called in his brother, Hamilton Beattie, to assist -him, and he (Hamilton Beattie! gave the garage to understand that he was helping his brother financially. At his suggestion a duplicate of the hire- , purchase agreement was made out. The garage took possession of tho two other cars last month, but were unable to get the the car concerned in the present action. In 1925 the value of thecar was about £l9O, and in June, 1926, it was worth about £l5O. The amount owing on tho car was about £l2O. Witness had’ recently ascertained that' on November 18, 1925, James Beattie transferred the car to Thomas Hill, and for several months after he parted with it lie continued making payments, hut did not disejose the fact that he had transferred the car to Hill. After the transfer to Hamilton Beattie, witness received no more payments. (Proceeding.)