WRONGFUL DEDUCTION.

Auckland Star, Volume LXIV, Issue 41, 18 February 1933, Page 6

WRONGFUL DEDUCTION.

DAIRY COMPANY PAYMENT. (From Our Own Correspondent.) CAMBRIDGE, Friday. Reserved judgment for plaintiffs for the full amount claimed, £59 4/8, plus £G 13/ costs, has been given by Mr. Wyvern Wilson, S.M., in the case recently before the Magistrate's Court, in which Messrs. E. Lynch and R. Quail, farmers, of Hautapu, sued the Cambridge Dairy Company for alleged wrongful deduction from their pay-out of November, 1932. Plaintiffs were supplying the company until November of last year, when, owing to portion of their supply on one occasion being refused, they immediately stopped their supply and took it to a neighbouring company. The company deducted the balance of share money owing from the pay-out of that month. The magistrate pointed out that the company's article No. 18 provided that should a member in any season not supply sufficient milk to produce his quota of cheese per share, the directors might call upon him to pay up his uncalled capital within three months after service of a notice requiring him to do so. "It would seem," stated the decision, "that that is a power which in a majority of cases could only be exercised by the directors at the end of the season, but there may arise cases where the impossibility of performance could be established during the season. No notice had been given to the plaintiffs under this article." The magistrate held that the call had not been properly made, and gave judgment as stated. '