R.M. COURT.

Wairarapa Daily Times, Volume IX, Issue 2869, 10 April 1888, Page 2

R.M. COURT.

MASTERTON.-MONDAT.

(Before S, Ton Stumer, R,M)

Detaining Swags. R. Hutchison and W. Lo Valiant x, Mrs W. L. Dorset.—Claim £32 18s for detention of swags and for consequent loss of time caused thereby. Mr Skipper appeared for plaintiffs. Defendant conducted her own case.

Mr Skipper, in opening the case, stated that the plaintiffs had left their swags in the charge of a Mr O'Dea, and that Mrs Dorset had taken possession of them from that person. The two swags were worth respectively £i <%u and £3. The claim, therefore, reprc- • sented mainly compensation for thirtyseven days lost, during which time the plaintiffs might, as evidence would show, have earned 7s a day. Mrs Dorset had, he understood, my lately sent the swags to MessjwM. Caselberg k Co, That firm, however, was not authorised to act as his clients' agents, and the swags, he maintained,, should havo been returned direct to. the owners, They, however, made, inquiries at Oaselberg's, and were only; told that there was a large bundle) there, and which, even if they couls havo recognised it as containing theirswags, would have required an order from Mrs Dorset, before they could get delivery, For the defence, it was stated that the swags had been left on the premises of the defendant, at Mauriceville, who merely took possession of them, as she did not want their owners trespassing, and sent them to Messrs Oaselberg's store, Masterton. She also, as soon as she saw one of the plaintiffs, told him. where the swags had been left. Henry Eagle, a farmer, deposed to having heard Le Yaliant told where the swags were, who replied, " Never j» mind; I am going to sue Ma for them." m '

Mrs Dorset, the defendant, staled she did not care to go to the boardinghouse in Masterton where the plaintiffs, were stopping, and that was the reason she left the swags at Caselberg's for them, She was told that she was not supposed to run after the men with their property, so she contented herself with telling them where they would find the swags. Jacob Baumber, storeman at Caselberg's, said there was nothing to prevent plaintiffs geltint? their swags. They could have had them without an order from Mrs Dorset. The Bench ordered that the swags,, be handed over to plaintiffs. No costs allowed.