CIVIL BUSINESS.

Taranaki Herald, Volume LIV, Issue 13431, 23 March 1907, Page 2

CIVIL BUSINESS.

S*turrt3y-?£efor* pooper. MOTION iN Johai'.^Fori«^ > MqGregQß^ against tli^/PiWmj». Dairy Co-operative Compgn^, .{defendants) ;- f or: an injunction restric^gglb^e . artiqles of association of the defendant company. Dr. Findjay (Attorney-General) and Mr. Caplen for the plaintiff, uni Mr.^ Barijfm «i«l iftTCQuitoJ^o^ defendant ' company. --• ■■ .-

B*k#ißsay, th§ p}?«ft^ .was ».| shftr#ijo^? \%i the , a - co*djieralave dairy .-con^Piany.;, He explft&ied tat his Hononr'rthab.the, company* hi "thii case 1 had bteen^in existence for 5 sbirte^ye'ars' but a litle^ while ago it dete^min^lt*a^ritg'»ieHi*»ahdtßtt of assdbiaSonfi'wSScihS wttiild beTfduhd to. consist .'of^^'^lWi»tH)n.tJdu Entitle the' company to purchase milk, among other thing^Sfn -^e '^n3' r %«SSr ridtf-nfem-bers of the company, to permit the company. tfc^rbprr«w, monies and to relend tJiem't9 Qthersr The capital of ge dbrnftny^s aTs^^inweased^ftbm d&2,000 to a sum of £4,000, -fche additional £2000 sbares'^rinst been allotted to; settlers *ho '._ The he mentioned, had refused to take 1 milk from t the plaintiff, except^ at li lower rate than j&as paid to other suppliers, and he corifcei^ed that^in^fer the articles of association the directors had no power to differentiate oetweeii the price to be. paid $05 milk. .Tije^case^ok the shape of an 1 injunction io restrict the defend-ant-company from acting .upon these amernaed articles, and iVfttttlier took ■^he "sbapfa'of -an application to his Bonow- for .a- - declaration,, tha-t theamendetl articles of association foid'-'tfnd of no' effect, restricting theni (ihe... .company) , from lending money other iftan,<snrplus money; from borrow Ih^ with a view to lending ' same ; and cbsts dF 'action. It was admitted the amendments were invalid and made by an officer having no jurisdicMim^o make them. ' Mr. Barton argued the* case on behalf of thej-defendanircompany, and Otis Honour reserved' judgment-' % ' r. . .. PARTNERSHIP SUIT, r ■-< In the partnership suit, -^inlay John McLsal>7- plaintiff (Mr.~ Quilliam), - v. Ge^fgfe '"Livingstone, defendant (Mr. 3Pitzh©fj^er|)5 ra his a Honour decreed that plaintiff: was employed by the defendant as a servant on terms, tha.t he, was to be pajd f £2 10s per'week, and hajf the comm,issions earned on sales of pr« perty introduced by ,bim, less expenses, and judgment was given in his iagaur. . *.