PECULIAR CASE

Hawera Star, Volume XLV, 25 September 1925, Page 9

PECULIAR CASE

A COMPANY’S BOOKS.

DELIVERY REFUSED CLAIM FOR POSSESSION. CBT TELEGRAPH PRESS ASSOCIATION. DANNEVIRKE, Sep. 25. An unusual ease was heard' in the Magistrate’s Court at Dannevirke, when, the Tamaki Dairy Company, the largest co-operative factory in Southern Hawke’s Bay, proceeded against Clifford Harris Thompson, secretary, asking fqT an order directing him to deliver up the books and correspondence of the* company, and claiming £9O damages. ■ The company alleged that the defendant was a servant of the company. The directors were not satisfied with the first balance-sheet of last years’ operations, but were quite satisfied that any mistakes made were honest ones." They made arrangements for another audit, and demanded the books of the company from the defendant, whose services are to terminate on September 30 next, a resident secretary having been appointed. When two directors and others went for the books Thompson declined to give them up, ordering them out of the office, and it was alleged that he later threatened the company’s solicitor that if any directors came to his office they would be thrown out. To make a long story short. Thompson declined to give up the books without a clearance,. his counsel claiming that he was justified in his attitude, as he was not, he claimed, a servant of the company, but a contractor who had contracted to do certain work which he could perform in his own time, and as contractor had a lien on the books until paid for the work he, had performed and was given a clearance that everything ' was in order.

His Worship said that it appeared as if the defendant and the company’s directors had got at loggerheads, but that was no reason why the defendant should refuse to hand over the books. He made an order that the hooks be handed over, and assessed the damages at £lO.

T cave to Mr Ongley to appeal on the point raised by him was refused.