OWNERSHIP OF A CAR.

Hauraki Plains Gazette, Volume XXXIV, Issue 4604, 21 September 1923, Page 1

OWNERSHIP OF A CAR.

HELD TO BE A GIFT. JUDGMENT FOR DEFENDANT. The point at issue in a case in which judgment was given by Mr EC. Cutten, S.M., in the Magistrate’s Count at Auckland on Monday was whether a motor car was handed over as a gift or on loan. Lawson’s Proprietary, Limited (Mr Inder),. sued David N. West (Mr Luxford), of Palmerston North, for possession of a car purchased by plaintiff from R. A. Wivgins, of Tirohia, in February, 1922, or for its value, £lOO, and £5O damages for wrongful detention. The case was heard before the late Mr J. E. Wilson, S.M., but no judgment was given. To avoid a re-hear-ing, which would involve heavy expenses for witnesses, the parties, suo-je.-t to some special tei|ms as to appeal, had agreed to Mr Wilson’s notes of evidence and argument being put before Mr Cutten for him to decide. The magistrate said that a Mr Wiggins had found a light two-sealter? car useless for his purposes and in March, 1919, gave possession of -it to defendant. West repaired it at his own expense and used it. In the beginning of 1922, Wiggins, without having seen it in the meantime, sold the car to plaintiff. West contended that the car was given to him and r-efused to give it up. When West obtained possession the car. was old and out of repair, and utterly dilapidated, and had afterwa?’ds been left fop a long time in a shed where it was exposed to all weathers. Mr Cutten said a study of the evidence seemed to him to make it quite clear that Wiggins gave West the car. Judgment was for defendant with costs, £l5 Ils. Secunity for appeal was fixed at £3O.