MILKMAN’S CLAIM.

Gisborne Times, Volume LIX, Issue 9572, 25 July 1923, Page 2

MILKMAN’S CLAIM.

ACTION FOR. RECOVERY OF PLANT. ALLEGED .SEIZURE UNDER DEED OF SECURITY. In the Magistrate's Court yesterday afternoon Albert Phillips, a milk v< udor. proceeded against George Davis, claiming- recovery of plant taken by Davis under a deed ot security un or about June 9. or the value of flic plant £SO, and £l5O damages. Mr A. Whitehead appeared for plaintiff. and Air. V. W. Nolan tor defendant'.

Albert Phillips, in evidence, t-lat-d that Davis luid advanced him £4B for which lie gave security. He later signed a second i pcurity for £!:). Between the signing of the first and second securities he bad been given two horses valued at about £lO. He asked bis legal advisers about the first security and was informed that .it would not bo valid. Un occasions defendant could not supply enough milk, so witness purchased it elsewhere. Defendant told him on June 7 that all monies due would have to be paid the, following Monday, lie had rung up defendant and told him be could pay the money. On the Saturday defendant demanded the money, presenting a written account. That night lie rang defendant tip, But was told be was too late. Next morning he went out to catch Jiis horse and when be came back the cart had disappeared. On the l-'rida.v Davis asked witness to show anc.tber man over his round. Witness refused... Davis said he would not allow him to take his cart off the premises, so witness took the other man out of the. gate and then jnade him get out of the cart. Ho usually would sell about 40 gallons of milk a day. He bad lost about On customers, and would be about £5 petweek poorer. His round was more valuable than his chattels. To Alt'. Nolan: At first he "had paid Davis each week, then fortnightly, ana afterwards bad paid the accounts once a month. He had told Davis that most of bis customers paid liim monthly. It was not a fact that Davis had to guarantee payment Before witness could obtain milk elsewhere. Davisbad come to him in May and said the account was getting large. 11' bad said be would do Ids best. Davis had suggested that witness give up the business and let another man take it up. Davis told Wilson (the other mail) to take over the cart. After sewing a solicitor, Wilson had said: be would have no more to do with the matte)'. Wilson bad completed the round for him that day. He slept at Davis’ house that night. One .Tune 9 witness Jett Davis’, taking his belonging-, ami later sent back a carter for the rest of Iris property. At this stage the hearing - f a ea-e was adjourned till 10.91) a.m. to-uny.