MOTOR CYCLE CLAIM

Manawatu Standard, Volume XLIX, Issue 247, 17 September 1929, Page 8

MOTOR CYCLE CLAIM

JUDGMENT FOR PLAINTIFFS. A claim for arrears on a motor-cycle was heard when George Jervis Kells, solicitor of Palmerston North, as assignee of Bruce and Bai Motors, Ltd., proceeded against Neil C. McPherson, sharemilker, of Apiti, claiming to recover from defendant the sum of £SD Bs, being arrears of instalments on a motor cycle and the amount of goods and repairs to same. Evidence was given to show that defendant had traded in an old motor cycle on which £5 was allowed on defendant purchasing another motor cycle. Defendant maintained that ho had been promised £3O, but nothing definite had been arrived at, his requests for a settlement having been deferred. In giving judgment for plaintiff company, the Magistrate stated that defendant must have been aware that he had signed a bailment. Further, his evidence had been too conflicting to be of much weight, and he must have known from the time he took over the new machine that he was not receiving £3O on his old cycle. In view of the fact that ho had refused to hand it back when requested, defendant was liable for the progress payments to date. Further, there was nothing to show that the machine had not been in order when he had taken possession and in all probability mishaps which had occurred had been due to ignorance on his part. Judgment was accordingly entered for plaintiff firm, costs amounting to £6 18s being allowed. Mr Ongley appeared for plaintiff and Mr Power (Foilding) for defendant.