A Borrowed Tarpaulin.
The case of Robert Kmx v. Dennis Malone took op a good deai of lime at tbe Court on Thursday. Mr Wa'son appeared for plaintiff and Mr Nolan for defendant, Mr Knox had let Mr Malone have the use of a tarpaulin, and the property not having been returned the owner sued for £5 in lieu of the tarpaulin. Plaintiff baid ho had asked a couple of times fur the tarpaulin to be sent back, and that not having been done he sued for what he considered its value. Mr Malone said at the time be had been asked he could not sent the borrowed property back, as it was not at hand, but what he felt annoyed at was that Mr Knox had never given him any idea that he was going to sue, even though he was in town with him a few days before the summons was issued ; the summons had been sent after him to hia work, and £2 had been incurred for service, besides the time he had to lose himself. Mr Booth: You admit you were asked twice to send the tarpaqlin back, and why didn't you do so and save bother? Mr Malone (in a melancholy tone of voice) : I wish I had. (Laughter.) The thing had rat holes in it and was not worth more than 30s. Mr Phelpps gave evidence that the highest value was £2. Hia Worship said it was hard op Mr Malone that he should have been put to so much expense, but he could not help that, and would give judgment for the value (£2) placed on the tarpaulin by Mr Phelps, who was a disinterested witness ; costs £2 15s, no solicitor’s fee being allowed. Mr Watson explained that the holidays had prevented the issue of the summons at a convenient time to save Mr Malone expense of service.
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Gisborne Standard and Cook County Gazette, Volume IV, Issue 593, 11 April 1891, Page 3
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315A Borrowed Tarpaulin. Gisborne Standard and Cook County Gazette, Volume IV, Issue 593, 11 April 1891, Page 3
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