CLAIM FOR £1000

Hokitika Guardian, 7 September 1927, Page 1

CLAIM FOR £IOOO

. WELLINGTON, Sept. 5. An action for £IOOO damages foci trespass and wrongful conversion was brought in the Supremo Court to-day by Edward Taylor, Wellington, against Combined Buyers, Limited. The claim set out that the defendant company, without leave or license, had entered plaintiff’s garage at Wairoa and removed goods held by plaintiff and sold them.

Ho also alleges that he has been prevented from carrying on business. The defence alleged that the goods had been removed according to the rights of contract. The “raid,” said All* Watson, for defendant, had been on a tin shed where no business was being done, when the proprietor was away for six weeks and all tlio assets were packed into a benzine case at the conclusion of removal. He submitted that plaintiff must be non-suited as far as his action for trespass was concerned. The first essential of trespass was wrongful entry upon land, and the premises had been open to the public and Groenslade was in charge. Defendants had received news of Taylor’s absence and also had unsatisfactory reports as to tho manner in which he had been conducting business. Tlio company thus had taken steps to protect its own property and sent two men up to Wairoa to obtain it. Unfortunately because of Greensladc’s unfamiliarity with the business one or two odds and ends of Taylor's had been included. As to the value of the business which was alleged to have been destroyed it was apparently a business which could be safely neglected for about six weeks while Taylor toured the North Island and inspected life-saving demonstrations at Wanganui. 11 Leonard Francis AVallace, general manager of Combined Buyers, . Ltd., said that ho had given instructions to tho men who had taken possession. He had taken over in December and had found that Taylor had received £3BO in two months on account of sales of vehicles to drivers and taxi men who did not seem financial. All that he had paid had been about £SO, the balance of £2OO deposit, which was really trust money. He bad told Taylor that for retaining part of the deposit as commission lie could have been sent to gaol. Taylor had never paid anything for goods, supplied. Their local manager in Hastings had told him that Taylor wars out joy-riding with ladies and sometimes intoxicated, also that he was away for weeks at a time and that +boir stock was lying open to the public, therefore he had taken action to protect the company’s capital. The Court then rose.

THE FINDING. WELLINGTON, Sept- 6. Air Justice Reed, found against Combined Buyers, Ltd. in tlie trespass case of H. E. Taylor, claiming £IOOO, in respect of a. garage office at Wailioa. being entered and goods removed His Honour said it was very dangerous to take tlie law into one’s own hands. Plaintiff was entitled to some damages, but they were little more than nominal. Air Justice Reed said he thought he would be doing iustice if lie assessed them at £25. He also entered judgment for £36, the value of the goods. ,In tlie matter of the £lO7 counterclaimed By the Company, His Honour referred this to the Registrar, and adjourned the case pending lus report.