CITY COUNCIL GIVEN JUDGMENT FOR COST OF OBSERVATORY LENS

Wanganui Chronicle, 1 November 1950, Page 6

CITY COUNCIL GIVEN JUDGMENT FOR COST OF OBSERVATORY LENS

“I have no alternative at this stage but to enter judgment for £6O, but I believe that the City Council will be lucky if it can replace the lens for that amount,” said Mr. S. S. Preston, S.M., In the Magistrate’s Court, Wanganui, yesterday. The case was one where the Wanganui City Council was claiming £6O, the value of a set of eye pieces belonging to a Filer micrometer used at the City Observatory, defendant being Gotlieb Kreutzer Aronsen, antique dealer

The matter had been adjourned to enable Aronsen to locate the missing eye pieces, but when the case again came before the Court yesterday the city solicitor, Mr. C. F. Treadwell, intimated that they had not yet been located.

Judgment was entered for the council, with costs amounting to £jl 17s. Security for appeal was fixed at £2l. Mr. J. S. Rumbold, for defendant, said the eye pieces had not been found, nor had Aronsen received a reply to letters sent to England inquiring about their value.

“My instructions were'that if they could not be found he was prepared to replace them, or the micrometer, provided he was permitted to retain the old one,” sounsel added. "Defendant will not agree, and is vehement, however, that £6O is not the true value and the true replacement cost of the eye pieces.” As a result, defendant had written to England for definite information about the replacement cost. “I am not _at all convinced that responsibility in this matter rests entirely on his shoulders,” said counsel, suggesting that Aronsen be permitted to go into the witness box and explain the matter.

Mr. Treadwell submitted that defendant had this opportunity when the case first came before the Court, but liability for the missing eye pieces was admitted by his counsel and the only point at issue was their value. “I am not prepared at this stage to go into the question of how he got them,” said Mr. Treadwell. Even if judgment were entered, defendant could negotiate with the City Council for replacement of the eye pieces, commented the magistrate. Defendant had had two years in which to rectify the position. Mr. Treadwell said that if the defendant could show that the eye pieces could be replaced for £4O the council would be happy to accent that.

Mr. Rumbold commented that Aronsen had written to the makers in England for this information, but as yet no replies had been received. Mr. Treadwell: And I assume that If judgment is entered for £6O and my friend finds that the replacement cost is £lOO he will pay that amount. Judgment was entered for £6O. as stated.