Unclaimed

Horowhenua Chronicle, 28 January 1913, Page 4

Unclaimed

PELT LIAR. Al-CKLAND C.'A.SB

A case presenting muiio peculiar features was heard before .Mr O. C* Cutten. }lt tl.o Magistrates Court. Auckland. Wednesday. A young lady'some inoiitliis ago took ceitain material to a well-known local costiiinioru to lie made up into two ball-room dresses. The dresses wore made to the lady'* order, butshe failed to put in an appearance to claim them. After keeping the dresses on ham) for some months, tho costu micro decided to sell them. I lie dresses were accordingly sold, hut a short time later their lawful owner appeared and stated that she f'nd been unable t« eall before owing to a severe ilines*, which had prostrated her and kept, her in the hospital. When she found that her dresses were lost to her she promptly instituted an action for the recovery of the value of the material. C 2 Ms. Ilie defendant finn bad Paul- the amount of the claim into Court, but brought a. counter-claim against the plaintiff for £5 lok, for alleged loss on tho sale of the dresses, owing to alleged neglect on the Part of plaintiff in not taking delivery of them. The -Magistrate heard legal argument on tho matter at smile length, and reserved Ifi.s decision until to-day. Mr Cutten ■ s aid that while the defendant had <lono tho host thing in s< ,]li„ K t ] lo <re.s.se.s under tho circumstances,. S, :;; | lo « al| y wrong in dmW Sr \. n ' ho P'ai'itiff was, therefore," entitled to the value ,s} lo claimed for the material. ;7t was a fair easel for settlement. Mr Monro, who appeared for defendant, said }, 0 n ,_ cognised that under such circumstances it was no use going on. 'Mr Cut ten said there would be no costs on either side.