ALLEGED WRONGFUL ARREST

Dominion, Volume 8, Issue 2318, 27 November 1914, Page 9

ALLEGED WRONGFUL ARREST

VERDICT. FOB DEPENDANT. IBy TelosraDh.—Pioes .Association.) Auckland, November. 26. The hearing of an action brought by Dr. A. 0. Story, formerly of Raratonga, against William Henry Grave, merchant and Island, trader, for £200 damages for alleged wrongful was concluded this morning before Mr. Justice Cooper and a jury of four. Dr. H. D. Bamford appeared for tho plaintiff, and Mr. J. E. Heed, K.C. (with him Mr. Anderson) for the defendant. • v

, Tho incident which formed the basis of the action occurred in AVelluigton on November 28, 1912, plaintiff haviug been ' arrested on board s.s. Surrey just prior to her departure for England, it was alleged that this was done maliciously to secure payment of £28 alleged to bo owing to defendant for a buggy, the delivery of which had been repudiated by plaintiff. The case for the plaintiff was that, in August, 1911, when Dr. Story was practising in Ilarotonga, where Grove had a branch storo, plaintiff spoke to the manager of that establishment about a buggy, his own having broken down.. The manager showed Mm a catalogue, from which he selected a buggy,.and on the manager assuring him ho could have it to hand from America within two - months, plaintiff ordered one at £28. As the buggy had not arrived by tho middle of October, plaintiff cancelled the ordor. The buggy did not aotually .'arrive till January, 1912, and from January,. 1912, to October, 1912, the .parties came to no agreement,. tho defendant several times notifying plaiintiff that he must take delivery of the buggy, and threatening proceedings otherwise, and Dr. Story refusing to take it. Then Dr. Story obtained the .position of sbip'B surgeon on s.s. Surrey, soheduled to leave Wellington on November 29. It was olaimed that both -defendant's manager and his solicitor had ,been told of plaintiff's intention to go to England. Dr. Story was arrested ■on the afternoon of November 29 on board the Surrey, and was taken to tho Magistrate's Court in Wellington to answer to a summons for £28, the cost of tho buggy. The defendant's solicitor obtained an adjournment of the case until next day. In the meantime Dr. Story was taken by tho Court bailiff to the Royal Oak Hotel, where he spent the night under arrest, the bailiff occupying the next room On Saturday morning the case came on again, and Grove was nonsuited, Dr. Story thereupon be-' ing released. The Surrey was in the stream delayed by some mishap to her machinery, and the plaintiff finally 6ailed by that vessel. ■ The defence was that defendant had not shown malice, but had good grounds for believing that plaintiff was trying to evade payment. The only reason that defendant had ever heard why delivery of the buggy was not accepted was that plaintiff did not have the ready money to 'pay for it.' , ' ■ . Alter a lengthy legal argument the jury found a verdict for the defendant, costs being allowed against plaintiff on the middle scale.