CONCERNING A CART.

Taranaki Daily News, Volume LI, Issue 178, 18 July 1908, Page 6

CONCERNING A CART.

ONE OF THE WONDERS OF UAITARA.

A ease which provides an iiiterestin» set of facts and an illustration of (lie laws of debt and lien and property came beioiv .Mr. 11, *. Fit/.herberl, 5.. U., at Wailiira. on Thursday. A fair audience attended early in' the Court proceeding,- to see the Inn. but the ease was not called till late in the day, by which time the curiosity of the public had considerably abated'.

The case was all about a cart. It i n Plica red from the evidence that RobertWright, of Lepperton, a. butcher, leased to C. Potior his butchery business and plant, including a carl, 'which was the subject of this litigation. The carl, ] was delivered by Potior to W. Jenkinsnn for repairs and punting, and whilst if was still in his possession Jenkinsou sued both Policr and Wright for the amount of his claim, £ll 12s 3d. for work done, „bl,iiiniu» judgment against Potior only. Wright thereupon sued •Jenkinsou, in. September of last year, lor the return of the cart- or its value, .C 22, and £5 for its detention, but the S..M. (Mr. Fifzherberf) held that the defendant had a lien against Wright | over the cart until the claim for re-

pairs was (satisfied. The cart consequently remained mi .lenkinson's premises ai, Wailarn and though advertised for sale by public auction was not offered, perhaps owing lo tin: presence of Wright in the saleyards.

Jenkinsou evidently preferred the cart's room to its company, and solil it privately to, Mr. C. X. Rowe on 20th June. Wright, hearing of the removal of the. cart from Wuitava, at once proceeded to (irenui, and took possession of the cart, which was then in Howe's shed. Xext morning, after conversation, both Rowe and Wright proceeded to Wailara, Rowe in his gig, Wright on the captured cart. The upshot was that a charge of theft was preferred agaist Wright by Howe for hearing at Wnitara on Thursday-. Mr. Townsend appeared for the informant, and Mr. F. F. Wilson for the defendant. Mr. Wilson stated uka! the /acts were not in dispute, and by permission of the Court outlined them, stating that the defence would be that the defendant had 'color o£ right" for bis action.

The S.JI. at once pointed out that no .charge of theft, could possibly lie: that defendant had undoubtedly color of right.; that .Tenkinson by soiling m he had, had lost his lien; lliat Row could get no better title than Jenkii'i urn had. and that, although Wright i light be liable for trespass. Howe bv living the information laid himself open to an action for malicious prosecution. Tie suggested that the information be wit!idrawn without any evidence being ottered, and this tile plaintiff's solicitor, after consultation with his client, agreed to 'do.

■The various stages of the litigatioi concerning I his now famous butcher' cart have excited a great, deal of intei est in Waitara, and its neighborhood.