CLAIM FOR BONUS.

Auckland Star, Volume LIX, Issue 77, 31 March 1928, Page 12

CLAIM FOR BONUS.

ACTION AGAINST COMPANY. APPEAL ALLOWED. (Bj Telegrapn—Press Association.)

WELLINGTON, Friday. Judgment has been given by the Court of Appeal in a case in which W. Litttejohn and Son, Ltd., jewellers, were the appellants, and Percy Norwood Denton, watchmaker and jeweller, was the respondent. The appeal was from the decision of Mr. Justice MacGregor. In the Supreme Court, Denton claimed £13UU, the claim being for auois by way of bonuses, first from the Arm of Littlejohn and Son, and afterwards from the company when it became incorporated, and travelling expenses incurred in coming from India. Portion of the sum was paid into Court. The defendants denied the agreement alleged, and said that after incorporation the only liability in respect of Denton undertaken by the company was for £307.

In the course of his judgment, his Honor said, there were four causes of action, two of which, for amounts of £307 in respect of past bonuses, and £200 in respect of travelling expenses, were admitted'. The claim for £007 was denied by the company, which alleged that there was iio agreement to pay Denton bonuses for the years 1917 to 1920. His Honor ftaid he was unable to accept the view that the £007 credited to Denton in the company's books was never to become his property until he purchased the shares and completed his services in terms of the draft agreement.

The Court of Appeal found, first, that there was no evidence that the company ever agreed to pay respondent any bonus; secondly, that an arrangement had hecn made with Mr. Still that facilities would be granted respondent to take up shares in the company; thirdly, that this undertaking was carried out; and fourthly, that an entry in respondent's books crediting £607 to respondent was made in pursuance of this agreement. The appeal was allowed, with costs on the highest scale.