AGAINST DAIRY COMPANY.

Auckland Star, Volume LVII, Issue 103, 5 May 1926, Page 14

AGAINST DAIRY COMPANY.

RESERVED JUDGMENT GIVE}T.

(From Our Own correspondent.) MOEEIXSVILLE, Tuesday. Reserved judgment (made, available this morning) has been given by Mr. J. W. Salmon, S.M., in a case brought byMrs. Martin, of Hikutaia, widow (Mr. E. McGregor), against the New Zealand Co-operative Dairy Company (Mr. E. H. Northcroft) to recover the sum of £112 5/5, amount claimed to be due to ■plaintiff as a supplementary bonus payment f&r milk supplied for the year ending May 31, 1925, which amount, it was alleged, had been wrongly -withheld 'by the defendant company. The company had lodged a counter-claim, in which they stated they had advanced the sum of £264 16/4 by way of loans at 8 per cent per annum. The company claimed to.eet off againat the amount of the loan and interest the £112 5/5 (the amount of the claim), and counterclaimed for a further sum of £152 10/11, being balance of their loan and £28 17/6 interest. ■ ■ His Worship held that the company was estopped for denying that the advance was made on terms other than on those contained in a letter to plaintiff, namely, that the advance of £264 16/4 was made to her against the security of her shares,, and was to be paid _out. of- the resumption value of her shares, interest to be' payable until such time as it was possible for the shares to be actually resumed. Judgment was given for plaintiff for the amount claimed, together with costs. The defendant company would be entitled to judgment for such interest as the parties mutually agreed upon as being due, Tmt no costs would be allowed to the defendant company in connection with their claim for interest, as Mrs. Martin admitted that interest was payabje, and no demand had been made upon her for interest jpripr-to =the issue of the -counter-claim.