HONEST MISTAKE

Taranaki Daily News, 19 February 1938, Page 7

HONEST MISTAKE

farmer and employee opunake court case • . ■ / The opinion that both the plaintiff and the defendant honestly believed that they were right was expressed by Mr. W. H. Woodward, S.M., in the Magistrate's Court at Opunake yesterday when, after hearing their evidence in a defended case in which the sum of about £7 was involved, he asked whether /there was any chance of their coming together and splitting the difference, a suggestion that was agreed to. It was a case in which holiday pay and employment tax were involved. R. Gilberd, represented by Mr. T. B. Fouhy, claimed £10 holiday pay from B. S. Coupe, represented by Mr. C. H. Croker, Who disputed the amount, holding that' £7 2s, was due by Gilberd for, employment tax, the balance being paid, into court. Gilberd stated that Coupe, who was his brcther-in-law, had engaged him as a married farm hand in November, 1935, and had agreed to pay him £3 a week nett clear of employment tax, provide him with house and the usual perquisites. As Coupe was short of cows at the time Gilberd, who had just given up a farm, offered to . allow him the use of ten of his best cows until they were sold. The cows were sold on March 20, 1936. On July 31, 1937, Gilberd left. No question of him paytog the tax had ever been raised. When leaving, Gilberd asked what about holiday pay, but Coupe stated that he understood that was for single men only. The arrangement to pay £3 clear of tax was only to last until the cows were sold, said Coupe, the tax being paid to consideration for the use of the cows. He continued paying plaintiff £3 clear, after the cows were sold because he was scared to deduct the tax as labour was very scarce and he was afraid that Gilberd would leave. Failtog to Give Way". Arising out of an accident that occurred recently at the intersection of Ngariki and Wiremu roads near Rahotu between cars driven by J. Young, Oaonui, and J. Erni, Ngariki Road, Erni was charged with failure to give way to traffic on the right. Represented by Mr. T. B. Fouhy, who was instructed by Mr. G. J. Bayley, Hawera, he pleaded guilty and was fined £1 with costs 1(K Constable Antill stated that a collision had occurred, Young"s car being turned over on its side. Mrs. Young suffered injuries as did another occupant, Mrs. Bishop. Erni, who was accompanied by his wife, was not travelling at excessive speed, and after the accident gave every possible assistance. Noxious Weeds Cases. Four cases brought by the Egmont County Council against ratepayers for failtog to clear noxious weeds were, on the application of counsel for defendants, adjourned until next court day, counsel stattog that steps were being taken to have the properties ctoared of weeds. Three of the defendants were represented by Mr. C. H. Croker and one by Mr. H. R. Billing. Civil Judgment. Judgment with costs was given for plaintiff by default to the following civil cases: E. F. MacRae v. Louis Crofsky, £6 6s 7d (costs £1 12s 6d); Richards and McKtoley, 10s (8s) and R. Forrest v. A. Segar, £3 4s 2d (£1 3s 6d). On a judgment summons Richard Parker was ordered to pay the Standard Trading Company Ltd. £7 14s 9d (costs 15s 6d), in default five days' imprisonment, the warrant to be suspended on payment of £2 10s within seven days and the balance at £2 a month.