BUYING A MOTOR-CAR.

Star (Christchurch), Issue 16832, 7 September 1922, Page 8

BUYING A MOTOR-CAR.

A WIDOW’S NEGOTIATIONS. VARIETY OF OBSTACLES. The obstacles which a widow en- ' countered when she endeavoured to | purchase a motor car on a small de- j posit, were unfolded in the Magis- j Irate’s Court this morning, before Air j H. AY. Widdowson. S.M. Ellen Aleek. of 270. Worcester Street. Christchurch. widow. proceeded against Alfred Butcher, of 422. Alauchester Street. St. Albans, registered moneylender, and AX . C. XX all, of 244. Durham Street, Christchurch, garage proprietor, claiming possession of a motor car and damages for its detention. The statement of claim set out that a certain Pennington motor car. the property of plaintiff, was detained by defendants from August 5. 1922. until the date of hearing, and the plaintiff said that she had demanded the car from the defendants, who refused to deliver it to her. Plaintiff claimed possession of the car and £35 damages. ; Air T. W. Rowe and Air AY. F. Tracy 1 appeared for tfio plaintiff and Air AA . .T. Hunter and Air R. H. Livingstone for the defendants. ATr Rowe said the case was a claim for detention of a motor car and damages for its detention. The motor car > had formerly belonged to a man named | Gardiner. Ho gave a chattels security ' over it to the defendant Butcher. Som® months ago Butcher seized the car, and it was taken into the garage of the defendant. Wall. Some time later an j abortive attempt was made to soli the r car to Airs Meek, the plaintiff, but j nothing eventuated. A month ago further negotiations were entered into. : Mrs Aleck proposing to buy the car , and employ Gardiner as a taxi-driver. A verbal agreement was made for her to. purchase the car for £l5O. she to i pay £lO down and £6 every month off j the purchase money. Butcher gave . her a receipt which did not specify ! what the money was paid for. j The plaintiff gave evidence along the lines of Air Rowe’s opening. “Does Gardiner live with your” asked Air Hunter, in cross-exam ma•He lives in the same boarding house.” replied witness. Gardiner’s wife is bringing proceedings against him on account of you?— 1 don’t know. Do you work ?—Yes. 1 work for a living. 1 have worked for twentyseven years behind a bar. What was your last Job? —At the United Service Hotel. Before you went to reside at the j boarding-house ?- —Yea. How long have you known Gardiner?—Twelve months. I met him at the bar, casual, like I met a lot of gentlemen. You werp introduced to Butcher, by Gardiner?—Yes, at Butcher’s jewellery shop. You went from Butcher to Raphael’s office and a £lO deposit and a bill of sale were spoken of?—Aes. but nothing came of that. Why did you not fix a hill of sale 0 —Because I could not. Just personal dislike for Raphael?— No Did you tell Raphael that you would i not go back owing to your inability to do business?—No, T just sat there, i wouldn’t talk to the gentleman. The negotiations were being canned out. in view of the Easter races?--T don’t know. I wanted the car for a living. I’m a widow. 1 a ter there was a conference between yourself. Butcher and Gardiner at the Post Office? —Yes. 1 was told to go to Raphael, but wouldn’t. AY hat did Butcher say?—lf you come to my private residence you can give £lO down and pay £6 a month. We can do business. Without security?—No security was mentioned. You didn’t persuade him? Why should 1 try to persuade him ? It was he who was seling the car and 1 was buying it. What reason did Butcher gii'e for not giving an exact receipt?—! don’t know. Have you any friends who know j you and could guarantee the. £140? No. I’m alone in the world. He didn’t ask lor guarantees?—No. | Didn’t you think it very good of | Butcher to let you have a car for £l3 i down?—J don’t understand the gentle- j Was he angry?—No, he wasn’t I angry. I ran tell when a man goes mad. : After further questions put to her by Air Hunter, the witness excitedly declared: ” I'm here to tell God’s truth, not lies.” Air Hunter: AVhen you demanded a receipt- Butcher asked you to go to Raphael’s office?—Yes, but 1' objected AN hat did he want you to go to Raphael’s office for?—.l have not the slightest idea. Did you suggest going to another solicitor? They’re as thick as blackberries, you know! — Yes, but lie wouldn’t hear of it. You said, 44 I’ll go to another solicitor ” ? —Yes, and he said, “ No you are prejudiced.” Did you go to AYall’s garage and try to push the car out on to the street?-- No. The Magistrate: Did you go to try and seize the car?—Of course, your AVorship. I went to try and get " the Edward George Gardiner, the former owner of the car said that last December the car was seized by Air Butcher who had a security over it. It was taken to Air AVall’s garage and had remained there ever since. He said that there was no mention about a bill of sale when they went to’ Raphael’s office. Air Hunter: Are you a married man? —Yes. How many children have you?—Six, I think. Are you sure its six?—l think soIt’s a long time since you’ve been home? —Yes, that’s right. You’re living apart from your wife? —Yes. Are you living with Airs Aleek?—I’m not here to answer those questions. We can discuss that later. Are you the George Gardiner referred to in these summonses for the maintenance of your wife and three children ?—Yes. Air Hunter read out the sum monses and asked the witness if he was the defendant in those cases? Witness replied that he was. AATien did you last live at home?— Why do you ask these questions. Air Tracey objected .to the quesThe Magistrate said that he could not allow Air Hunter to go on a “ fishing expedition ” in view of other proceedings. Air Hunter said he had nothing to do with any other proceedings. He wanted to »how his Worship Gardiner’s relations with Airs Meek. How long is it since you lived with your wife?—-It’s hard to say. I’d have to look it up. The. Magistrate: Are your relations eo lax that you can’t remember? That is one. of the things a man usually remembers ? j Witness: I’ve got it written down | somewhere, but T can’t remember off hand. Further questions elicited the infor-

mat ion that the witness had not been living with his wife since Christmas, 1920. All- Hunter: How long have you known Airs Aleek? Witness: About a year. AX’ere you close friends?—No. What was she interesting herself in the car for?— I don’t know. XX'as it to try and help .you or was it a matter of strict business ?—Business of course. What was to lie the arrangement between yourself and Airs Aleek?—XXe were to get so much each. Charles Firth XVoodhead, law clerk in Mr Rowe's office, gave evidence that he was sent with a letter to the office of Air H. J. Raphael, solicitor. There was a notice on the door telling callers to ring ’phone No. 182. Knowing that was Mr F. C. Raphael’s office, he went there and met Mr H. J. Raphael, who said: “ What do you want to come here for? AJy office is opposite the Bank of New Zealand.” After further argument witness slammed the door in his face. THE DEFENCE. Opening the case for the Air Hunter said that on August 26. 1920, Butcher advanced £4OO to Gardiner on a. chattel security, £l2 to be paid back a month. The money had been repaid until October 11. 1921, but after that payments became very irregular and only a. total of £B6 12s 6d was repaid. Butcher seized the car on account of the default in the repayments. Since then it had been held on Butcher’s account by AX'all. Counsel submitted that the evidence of the plaintiff and Gardiner was most unsatisfactory. There was not a tittle of evidence to show that the plaintiff had suffered any damage. He contended that the plaintiff’s case would not hold Alfred Butcher said that he was for merly a jeweller but for some years he had retired from the jewellery business and had been a registered moneylender. XVitnes.4 gave particulars of the amount he hail advanced to Gardiner and the amounts repaid. The amount owing to him by Gardiner in December last when lie seized the car was £330 Is 6d. XVitne-w said that. Airs Aleek had entered into a verbal agreement to purchase the car for £2OO. She was to nay £lO deposit and £8 everv four weeks. AVitness detailed the negotiations that took place ana stated that Airs Meek had agreed to a bill of sale over the car. It was understood all along that Air Raphael was to prepare the chattel security. (Proceeding).