A PECULIAR CASE

Dominion, Volume 11, Issue 264, 27 July 1918, Page 9

A PECULIAR CASE

LIEN OVER GOODS

OWNER CHARGED WITH THEFT

A case of a peculiar naturo was heard by Mr. AV. G. Riddell, S.M., yesterday, when a man named thinner George was proceeded against by the .New Zealand .Express Company on an. imormation ot having on Jiay 1 ooicmitted tho theft ot furniture vaittsd at .£lB in which the Express Company had a special property and interest. Mr. L. Edwards, who appeared for the company, stated tiiat tho case was a curious one of a man stealing his own goods over which the Express Company heid a lien. '•

Mr. H. F. , O'Leary represented defondant. Lewis James Foster said that on Julv 1 he received instructions to lake good's from the iN'ew S'/ealand Express Company's store to defendant's puice at Lyall Bay. On arrival at. Lyatl hay some, hgiit goods were taken oIV the wagon. Alter t.hia witness told defendant that before anything further was moved certain storage charges must bo paid. A.dispute occurred, and witness made an attempt to drive the lorry .away, but defendant . tried to prevent him storting thu vehicle. Defendant then pulled a cover olf the lorry, and witness w.ent for a policeman. George afterwards took the remainder of the goods off the lorry, i In answer to Mr. O'Leary, witness said * defendant told him that the charges were Jiot right and that he had a claim against tho company for damago done to the goods. Georgo Christie, manager of the Now Zealand Express Company, stated that defendant had complained that a load of good 3 had been taken back inio store be;ause ho had not paid the charges. He stated as a reason for not paying charges that the goods had been damaged. Witness told him that the carter was quite right in refusing to deliver tho goods without the charges being paid, and that if a claim tor damages were, made it would bo looked into ami if found to bo correct compensation would be paid. Defendant then said that ir the goods were sent out to his house tho charges would bo paid. Witness agreed to this proposal. Later on in tho day it was reported to witness that Georga had refused to pay the charges, and iiad forcibly taken the furniture olf tho van. William C. Hawker, cartage foreman for the New Zealand Express Company, also gave evidence. Mr. O'Leary submitted that George had acted within his rights, as ho owned the goods, and had a claim for damages. Defendant had had ill mind all the time bis claim for damages, and did not feel inclined to pay the company's charges until his own claim had been met. No evidence had been forthcoming that the company had a property in tho go6ds. Counsel, contended that the company had no lien. .Defendant had acted wi'lh a "colour of right/' and that being so the. company had a civil right which they could exercise. Dcfondant, who said ho was n waterside worker, stated that he complained to Mr. Christie regarding damage to tho goods and respecting a charge for the •furnituro. Witness proceeded to narrate the cireumstauces of the dispute he had with Foster, and stated that he took the goods olf the lorry, lie had a claim for £15 103." against the company for damages, and was willing to pay the storage charges if this claim were met. His Worship said tho case was a most unusual one. Ho was satisfied that the Express Company had a special interest, or lien, in the goods. Although the goods were his own, and defendant had in mind his claim for damages, yet the fact that he induced the company to take the goods to his premises by promising to pay tho stora.go charges when they arrived, and afterwards refused to do so, amounted to theft within the. meaning of the Act. He would enter a conviction against defendant, and order him to pay solicitor's fee, J;1 Is. Mr. O'Leary asked that the case be dealt with tinder section 241 of the Justices of tho Peace Act, and that no conviction be entered. His Worship agreed to this course, disxuissmg the informal ion on condition that defendant paid costs amountiii'' (o Is. . . . ■ . °