IMPOUNDED BONUS

New Zealand Herald, Volume LXXIII, Issue 22412, 7 May 1936, Page 14

IMPOUNDED BONUS

CLAIM AGAINST COMPANY JUDGMENT FOR PLAINTIFF [from our own correspondent] HAMILTON, Wednesday On the grounds that he had met the liabilities of his mortgagor's bankrupt estate, George John Baker, of Hamilton, bricklayer, succeeded in a claim for £4l 15s 4d against the New Zealand Co-operative Dairy Company, Limited, as recipient of trust moneys, and other defendants. The case was heard before Mr. S. L. Paterson, S.M., in the Hamilton Magistrate's Court yesterday and concerned the ownership of a dairy produce bonus. Plaintiff was represented by Mr. A. L. Tompkins, while Mr. W. P. Gray appeared for the dairy company. The other defendants were James Fraser (Mr. Phillips), share-milker, of Otorohanga, and Florence Mary Tiddy, of Hamilton, who did not appear. Mr. Tompkins explained that Fraser was a share-milker for Mrs. F. M. Tiddy on her farm at Rukuhia. The farm had three mortgages on it, the first of £6001) to the Public Trustee, the second of £750 to plaintiff, Baker, and the third to a man named Simpson. Mrs. Tiddy went bankrupt in September, 1934, and Baker sold up the property, receiving £427 for his principal of £750. The present claim was for money held by the dairy company as Mrs. Tiddy's share of the bonus payments from the farm. In giving judgment, Mr. Paterson held that as plaintiff had cleared Mrs. Tiddy's liabilities, he was entitled, to any money due to her to offset his loss on the transaction. He therefore gave judgment in equity and good conscience for plaintiff for £4l 15s 4d. The dairy company, as stake holder, was allowed £3 3s to be paid out of the above amount. Plaintiff was allowed costs amounting to £7 18s 6d against the defendant, James Fraser.