WOMAN'S CLAIM FAILS

Poverty Bay Herald, Volume LXVI, Issue 19918, 21 April 1939, Page 7

WOMAN'S CLAIM FAILS

MISSING SHEEP DISPUTE NO COSTS ALLOWED (Ter Press Association.) STRATFORD, this day. Reserved judgment for William H. 11. Young and William John Poison, Stratford, was given by Mr. W. H. Woodward, S.M., at Stratford to-day against (Mrs. L. A. Garlick, Te Wera, in the case in which Mrs. Garlick sued Young and Poison for £l3O, the value of sheep and wool allegedly converted by Young and Poison to their own use or, alternatively, as money received by them. Mr. Woodward found that Poison was not a partner of Young at the time the dispute arose, but was only in the position of a man lending money at a rate of interest independent of profit or loss, and that Mrs. Garlick's claim against Poison failed. Dealing with Young's position, Mr. Woodward said Mrs. Garlick was no more able to prove her case than i r oung to disprove, but as the burden of proof wcas on the plaintiff, Mrs. Garlick failed. He referred to the fact that Young sold some sheep before the dispute was clarified and, while he did nbt think this precipitancy was with the intention ot deleating Mrs. Garlick's claim, he believed Young's impatience to sell, despite the warnings and before a tally could be taken, might have prevented Mrs. Garlick from being arale to prove her claim. Under the circumstances no costs would be allowed for Young.

Mr. S. Mac Alister, who appeared for Ybung and Poison, asked about costs for Poison.

Mr. Woodward said he hoped that ■would not have been raised. He suggested that the point be referred to Poison, who is in Wellington at present, and that it be reconsidered. Mr. Mac Alister agreed.