ABOUT A MOTOR CAR

Taranaki Daily News, Volume LIV, Issue 236, 3 April 1912, Page 7

ABOUT A MOTOR CAR

INVOLVED LITIGATION. PLAINTIFF NON-SUITED. A lengthy and involved case was ventilated in the Magistrate's Court yesterday, before Mr. A. Crook, S.M., when Wallath Bros, sued R. W. Bond, formerly in business as a builder, for £l4B 10s 4d, alleged to be due on a bill of sale on a motor-car formerly owned by defendant. Bond bought the car from Carthew, making it subject to a hill of sale to the vendor. Carthevv subsequently transferred his interest in the car to Herbert. Herbert mortgaged the car back to Carthew, and transfered his security under the 'bill of sale to Wallath Bros., who paid off the mortgage. Under the bill of sale there were certain payments to be made. With the exception of one instalment of £"25 plaintiffs alleged that they did not receive any payments from Bond. Mr, A. R. Standish appeared for plaintiffs, and Mr, R. C. Hughes and Mr. G. Grey for defendant.

Giving evidence, R. 11. Wallath said that owing to Bond's default he seized the car, and subsequently put it up for auction. The car, however, did not realise the balance of the amount owing by defendant. This he was now claiming. He had had several conversations with Bond, who had promised to settle the account later on. The amount owing by Bond for the car had not been included in his deed of composition with his creditors when he (Bond) assigned his estate. The account was sent in subsequent to the signing of the deed of composition. To Mr. Grey: He gave £275 for the car, which was settled by contra account, no money actually changing hands. Under further cross- unination, Wallath urged that he wa nluced l>y Bond to abstain from clai .ig against the •ttate, so that the latt could pay him later oil. Cross-examining counsel also elicited that at the auction sale the car was sold to a laborer named Lander, and that a few days after Wallath repurchased the car from Lander, who was in his employ. Mr. Grey: Did Lander buy the car as your nominee? Plaintiff: No; I advised him to attend the sale and bid up for it, as it might suit him.

Mr. Grey. Is it usual for,working men to buy ears? Plaintiff; [ understood at the time that he wished to purchase the car for some relations of his. Mr. Grey; Xow, did lie not buy the car for you or your firm ? Plaintiff replied in the negative. Mr. Grey: Lander was in your service? Plaintiff: Yes, for many years. The defence was a denial of any private arrangement with Wallath to the effect that his claim 011 account of the motor-car would be separately dealt with outside of the composition made with his (Bond's) creditors. Defendant also alleged that the sale by auction was not a bona fide one, Lander having merely acted as agent for Wallath Bros. At the close of 'plaintiff's case His Worship commented that the sale of the car by auction was undoubtedly a bogus one. Plaintiff surely did not expect him to believe that it was not a "put up job." Mr. C'rooke was about to non-suit plaintiffs with out costs to defendant, when counsel intimated that they had come to an arrangement whereby the statement of claim should be amended, and no account taken of the alleged sale to Lander. Under those circumstances they were both agreeable for the case going on. His Worship consented, and the claim was accordingly reduced to £94 12s (id, balance due on the sale of the car by Wallath Bros, to P. Deare. This transaction took place subsequent to the auction sale.

Evidence was then taken on behalf of the defendant. The first witness called was the defendant, Bond, who said that the first time he heard of any claim was in December of last year, some four months after his estate had been assigned, and the composition entered into with all the creditors for the realisation of the whole of tlie assets. Defendant denied having had any conversation with Wallath in which he told him not to put in any claim until after he had assigned his estate and drawn up his deed of composition with his creditors. He never knew what the car realised when put up at auction. Defendant added that he was now working for the Taranaki County Council as bridge foreman. P. G. Cory, formerly accountant to Bond, deposed that he had straightened out his employer's affairs at the time of the assignment of his estate. The first thing he heard about the transaction was just prior to the saie. Plaintiff had never made any claim on the estate in respect to the car when he signed the deed of composiiton along with the other creditors. E. J. Deare, 'boot, importer, testified to having bought the car from Wallath Bros., in October last, for £lB5. W. X. Ewing, a trustee in the assigned estate, said that if plaintiffs had had any claim on the ca~, they should have gone to the trustees who liquidated the assets. This, however, plaintiffs had failed to do. In non-suiting plaintiffs, with costs to the amount of £7 14s, His Worship remarked that in the face of the evidence it was unreasonable to suppose that Bond had made any arrangement with Wallath Bros, whereby their claim for the motor-car was to be left out of the assignment and dealt with privately.