(Adjourned) ing the hearing of a claim aga Bush firn in FIN, Supreme Court yesterday, told Judge P. Grant Jones how his ear, which he believed had been stolen' in Hungjao Read December 30 last year, was seen by a.friend of his standing in a British orage on the day that he had bought new ear one and a half months' later, The plaintiff was Dr, Arthur Pereiz and the defendants were Fraser Motors Ld. actually a 1929 model. Counsel asked the witness to produce the receipt for the purchase of the frst car but the witness did not have the receipt. The Judge ordered that the receipt be produced in court at the next hearing, 'Mr, John Lorenzen, insurance salesman of the American Asiatic! Underwriters, with whom the doctor's car was insured, said that he had sold the plaintiff' a full com~ prehensive car policy and proved the validity of certain papers concerning the insurance of the car, Which" had been filled in by the Represented by Dr. A. Grossmann, Dr, Peretz claimed $2,300, represent ing the value of one second hand Morris Cowley car which, he said, was held by the defendants, and damages suffered on account of such Cetention during two months on the rounds that, having found the car on Hiungjao Road on December 31, they ad failed to notify the plaintiff and had held the car from that date until now—without any legal ground, although they had due knowledge of the fact that the car was plaintin's property, He also claimed the insur-value of the car, U.S:$100.
Dr, Peretz, a physician, told the Court that on December 30 he went to Hungjao Gardens in his ear with friend Mrs. Gregg. After, staying ju the gardens for about half an Hour, he came outside and tried to
Mrs, Gregg telephoned to Fraser ear" without success, Later Motors, Lid, from the London Club in Warren Road asking them to pick Up plaintiff and herself and the ear, of the club, telephoned and was told that an employee of Fraser Motors had been to the club and to Hungjao Road but had found no trace of himself, Mrs. Gregg or the car. When second man arrived they went to HungJao Gardens but could not find the car, The loss of the car was then Tapert to ofcials at Bubbling Well Police station.
Asked IE his ear was insured, Dr. Peretz stated that he insured the veniele on November 15, although he had not sent the application form into the American Asiatic Under-Writers until after the loss of the ear. The. Instirance company, however, recognized the ear as having been insured from November 15. He notified the company of the loss on December 31
On or about February 15 witness purchased a car from a Russian for $1950 and on the same day Mrs. Giegs, not knowing this, went Fraser Motors to view some cars jew to purchasing one. He ered, who was very excited, outside Fraser Motors and she told him that she had seen his ear there.
the police informed Mrs. Gregts Dr. Peretz continued, that Fraser Motors had not notified them of the finding of the ear. Later, in the presence of the police, Mr. Fraser stated {hat his Russian employee had notified the police and that he admitted negligence on his part. To this witness replied that he would have to make good the damage he had done Which, witness pointed out, would include US. $100 and expenses during tone and a half months.
Cross-examined by Mr. Ranald Mc-Donald for the defence, Dr. Peretz said the Insurance company had antedated the policy ax a mark of friendship. He admitted that Mrs. Gregg Nad been offensive to Mr. Fraser, Mr, MeDonald then read a copy of a letter which he had written fo Dr, Grossmann in which the ear was described as belonging to Mrs, Gregg fas she had described, it as her own over the telephone. The letter also stated that she had called Mr. Fraser "fool and a thief."
Mr, MeDonald then stated the plainti had recently come to Shang-more or less penniless condition and it appeared that he had come into some money, Mr. Fraser had_not replied to his letters, Mr. MeDonald slated, as he felt that it was an "outrageous and bare-faced try-on" and he still thought the same way, The hearing was adjourned until April 11, Mrs. G. 1, Gregg, who had been with Dr. Peretz when he had missed his car on December 30 last year. said that the ear had broken down outside the Hungiao Gardens. "Mrs, Gregg said that they had gone into' the London Club 10 telephone to. Fraser Motors to send help and that she had spoken {o Mr, Fraser over the telephone and asked him to send a man out to the scene of the breakdown, 'The man did nol come and they' telephoned—again, This time he arrived and they proeccded (0 the Hungjao Gardens where they found that the ear had disappeared. They reported the loss to the police.
On February 17, Mrs. Grego con tinued, while she was at Fraser Motors looking for a new car for the doctor she recognized the lost car in the garage, She asked the Russian mechanic ' why the matter had not been reported to the police and the man replied that he didn't know. When Mrs, Gregg told the doctor that she had seen his lost car she discovered that he had bought 'a new one and the doctor decided to take legal action.
The hearing was adjourned unfit 10 am, on April 17.
Text read from the printed page and cleaned; old type leaves the occasional error.