RESERVED JUDGMENT GIVEN

Hokitika Guardian, 7 August 1929, Page 6

RESERVED JUDGMENT GIVEN

' fßy Telegraph—Press Association)

PALMERSTON N. Aug. 7

Giving his reserved judgment in the Magistrates Court ease, wherein Grace Cooper, married, of Palmerston North proceeded against J. L. Bennett Coy., J. M. Gordon, solicitor, Whitefield Forester money lender, of Wellington, and Emma Rosina Parker, claiming sum of £72 19s as value of chattels allegedly wrongfully converted and sold by defendants, .also £2Q damages, Mr Stout, SAL,, said that if I had any lingering doubts to which 1 side to believe, the attempt made by.. Parker’s to perpetrate the most barefaced and premeditated single which it has been my lot to come, across while I have been connected with the courts, of the Dominion would lead me to suspect their bona fides. They deliberately set out to convert plaintiff’s furniture Ho their own use and to proceeds, not in paying for the- furniture, but in paying past debts to their moneylender, the defendant Forster knowing full well the plaintiff would .never -be able- to recover the price of her furniture from them. Had it not been for the prompt-faction. of plaintiff’s. solicitor., they .would have . suc-ceeded“:nv-tlieir r plot- - The magistrate pointed out he had been asked to determine the preliminary question of ownership of the chattels alleged to have been converted by defendants, but leaving it open for legal argument lie found in favour of the plaintiff. On the question of whether there liad been actual conversion he found there was no intention to pass the property or furniture to Mrs Parker until a deposit of £2O had been paid and a proper written agreement drawn up as to,the payment of the balance. He found the price was £2OO, inclusive of lorry, ailcT that the deposit was/ to be paid some time in April. The Magistrate therefore found the furniture at the time of the sale was the property of plaintiff. This decision will open up legal argument as to whether or not there lias been an actual conversion, and the case therefore would be adjourned for a week, added the magistrate.