CLAIM AGAINST DAIRY COMPANY.

Press, Volume LXVI, Issue 20103, 5 December 1930, Page 12

CLAIM AGAINST DAIRY COMPANY.

SUPPLIER OBTAINS JUDGMENT. (mess association telegkam.) PAHIATUA, December 4. Reserved judgment was given by Mr J. Miller, S.M., in an important test case, Martin N. Olson against the Mangatainoka Cooperative Dairy Company, olaim £4 lis lOd involving the method o\ pay-out and an interpretation of the Articles of Association,- Clause 18 of which reads as follows: "After payment of working expenses, also any payment to the contingent fund as may be deemed necessary by the directors, interest shall he' paid by the company on shares if the directors shall so decide, and at such a rate as the directors may decide." Clause 19 reads: ''Subject to the payments as provided m Clause 18, the whole of the profits of the company .shall be divided amongst and paid to the contributors of mil,c to the company in proportion to (he butterfat actually contributed or supplied by them individuallv to the company as appears in the company's books. Plaintiff's counsel contended that w)fo', y , SU Fi P y j7 S tneant in Article 19, of hn S M d f e,K '° sttid ih « practice °V, -V"' Mangatainoka Company was 'in +V,« r othcr factories districfc > which made monthly ninth complete pay-outs for each month subject to the bonuses, if any, paid afc the end of the year. In a lengthy judgment, the MagisWlc 6 J " fa y° ur of Plaintiff and judgment was given for the amount claimed, with costs. Security for appeal was fixed ■ afc +er> guineas