CLAIM AGAINST LIQUIDATOR.

New Zealand Herald, Volume LVII, Issue 17632, 19 November 1920, Page 5

CLAIM AGAINST LIQUIDATOR.

! JUDGMENT FOR PLAINTIFF. j Judgment wan given by Mr. J. W. Poynton, S.M., in the Magistrate's Court yesterday, on a claim for £100 XOs sd, made .by Towneend and Paul, Limited (Mr. Lovegrove), auctioneers, Wellington, against Thomas Marshall Johnston {Mr. Cooper), liquidator of the Auckland Provincial Fruitgrowers' Co-operative Society, Limited (in liquidation), auctioneers, Auckland. This was a claim for the balance of money alleged to hove been received by the defendant on account of the plaintiff. Mr. Cooper moved for a stay of proceedings, on the ground that if the action were allowed it would involve expenses to the liquidator of the society's affairs. Counsel for plaintiff objected to the application, contending that payment of trust money must be made in full. The goods were landed in Auckland, for sale, on behalf of a. Wellington firm of auctioneers. The magistrate said ho did ~ not think sufficient grounds' had been disclosed for refusing to give judgment. It was a dangerous thing to. delay justice proceedings unless for weighty reasons, as it would lead to abuses of many sorts. As these proceedings were taken after the association went into liquidation, costs would not be allowed, This was the usual course in such matters. Judgment was for the amount claimed, without costs. The application for stay of s proceedings was dismissed, with costs £2 2s to plaintiff. .