SECOND-HAND CAR.

Star (Christchurch), Issue 17180, 25 October 1923, Page 8

SECOND-HAND CAR.

OFFICIAL ASSIGNEE'S CLAIM.

An appeal agaitiM- a 'decision bv Mr H. Y Widclowsoii. S.M.. was heard l.v his Honor .Mr Justice Sim in banco in tlm Supreme Court to-dav. The case i nvolres possession of a six- ] cylinder motor-car. It was stated that the car was handed to Joseph Hamiet and Co., motor-car dealers, by a client. Mbrland, lor repairs. Hamlet held that the car was sold to him and lie took it from the garage. About the time when ihe company went into liquidation, lie handed the car to a. credi tor. and it came into tlie hands j of the Official Assignee, who held it as belonging to Hamlet. In the lower Court, Denys JToare. as liquidator for the company, claimed against the Official Assignee for the return of the car, or £:l7o. The Magistrate gave judgment for defendant. The liquidator non appealed against ihe judgment on the ground that the Magistrate was wrong in fact and in law in holding <l> that i lie car had been sold to Hamlet, ( 2 ) that Hamlet, by removing the car from plaintiff's garage, could determine in his own favour the possessorv lien of the plaintiff. (3) that the Official Assignee could take advantage of Hamlet’s wrongful act in removing the ca: from plaintiff’s , possession, and (!) that the Official Assignee was entitled to withhold possesmou of the car from plaintiff. \ Mr J- I! Uphain, for the liquidator, said that Hamlet had no right to takethe car from Ihe garage, and that his act practically was larceny. Mr Donnelly, for the Official Assignee, said that there was no evidence of dishonesty against Hamlet. His Honor reserved his derision.