SECOND-HAND CAR.

Star (Christchurch), Issue 17181, 26 October 1923, Page 1

SECOND-HAND CAR.

APPEAL UPHELD IN HAMLET CASE. An appeal against a decision bv Mr H. V* \\ iddowson. S.M.. in a case he tween Denys Hoare. as liquidator in Joseph Hamlet and Co., and the Official Asripnee, lias been upheld by his Honor Mr Justice Sin. The dispute was as to the possession of a second-hand motor-car. left by a client with the company. The liquidator claimed that- it was sold to the company; the Official Assignee claimed that it was sold to Hamlet personally, and took possession of it as an item iu Hamlet’s bankrupt estate. The Magistrate decided in the Official Assignee’s favour. His Honor, in giving judgment today, said that Hamlet, as manager of the company may have had authority to extinguish the company’s lien in favour of some third person, but he certainly had no authority to extinguish it in his own favour. He had no fight to possession of the car as against the company, and the Official Assignee was not in a better position than Hamlet was in. The company was entitled to recover posssssion of the car from the Official Assignee. The case would he remitted to the Magistrate's Court, to be dealt with on that basis. The company was allowed costs of appeal, £lO 10s, and disbursements.