A LOST SWAG.

Manawatu Herald, Volume XXXIX, Issue 1732, 30 June 1917, Page 3

A LOST SWAG.

"THE WRONG PERSON SUED. PL AINTI V E NON-SUITED. , Ai (lie Magistrate’s Court yesterday, Pat Kauri proceeded against William Wailbutton junior for the return of ’a swag, or the recovery of the sum of £9 12s 4d, being the value of same, which plaintiff alleged defendant wrongly took delivery of from the Poston railway station. Plaintiff stated that on April 13th he, with others, returned home from the Territorial camp at Wanganui. At the Palmerston railway station (hey booked their swags, through to Eoxton. On arrival at Pox ton witness told the guard that he would leave his swag at the station- until the following morning. On going to take delivery of it the next day be was told by the clerk in the oftiee that it was gone, and that "Wailbutton had signed for it. The clerk I old him that as Wailbutton had signed for it he should hold him responsible. Harry Daniell, stalionmaster, produced the book showing that Wailbutton had signed for Kauiri’s swag as well as his own and Kruse’s. At the lime in question a temporary relieving clerk named Webber was on the counter, and dealt with the. swags, W. D. Banckham staled that lie was at the station on Ihe night of April 13th, and spoke to Kauri. He saw Kauri leave the station, and he did not take his swag with him, Eor the defence the defendant, denied talcing delivery of Kauri’s swag. AVhen ho arrived iu Pox ton he took his own swag and told the clerk, "Webber, that he would call next day for Kruse’s, and would sign for both (hen. Tie went to the station on tho following Monday and got Kruse’s swag, and signed for it and his own. He was leaving the station when the clerk called him hack and said there was another one, Kauri’s, to sign for/ Witness said ho had nothing to do with Kauri’s swag, and didn’t see -why he should sign for it. The clerk said the swag had gone, and that it would be alright.. Witness then signed (he hook. He didn’t take delivery of the swag, and hadn’t seen it since it was put in at the Palmerston station with the others. At this stage a letter was put in from the clerk, Webber, who is now in camp, stating that he remembered Wailbutton signing for three swags , and only saw him take t,wo away. Evidence was.also given by C. B. ( Wailbutton and W. P. Kruse. ‘ The Magistrate said that the case , was an. unusual one, but the action had been brought against the wrong defendant. Although defendant , signed for the swag, apparently he j did not take delivery of it, and even r , if lie had that would have nothing j to do with the plaintiff . The plaintiff had handed the goods to the j; Railway Department to be sent to , Eoxton, and had paid for same, and . plaintiff was entitled to call upon ( the Department to deliver the goods to him or make good the loss. Wailbutton had done a foolish thing in signing the book, and had made himself in some way responsible to the Railway Department unless he could prove conclusively that he never received the goods. The : plaintiff would be non-suited on the ’ ground that he'had sued the wrong ! person, with costs 14s 6d. ’ The Magistrate said that plaintiff 5 should call upon the Railway Department to make good the loss. ' Mr Daniel!, the stationmaster, said that he would state the cas? to " the Department, and..advise plain--1 tiff of the reply.