UNUSUAL CLAIMS

Waipa Post, Volume 38, Issue 2269, 16 February 1929, Page 5

UNUSUAL CLAIMS

DAIRY COMPANY’S AFFAIRS

Lengthy evidence was heard in the Supreme Court at Palmerston North a few days ago between the Eclipse Dairy Company, Ltd., of Dannevirke, plaintiff, and Clifford Harris Thompson, public accountant, of Dannevirke. The statement of claim set out that defendant was appointed as manager at a salary of £250 per annum, that defendant in a breach of contract and duty as manager, exceeded his authority of paying himself a salary and bonus at the rate of £450 a year for a period of J 5 months from August 31, 1927, that he accepted £l2 5s and £8 4s without authority for secret commissions, that plaintiff wrongly paid from plaintiff’s funds £9l to one Brown, properly payable by defendant personally, that £ll9 7s 2d was v due on personal account, also in open ‘ account £l9O 8s 7d was still owing to the company as an amount undercredited to plaintiff for butter supplied to the Supplies Company. In a counter-claim Thompson claimed £IOO for being wrongfully dismissed in October, 1928, and also claimed that he had not been paid £33 6s Bd. salary for October, that there was owing to '"Wright Stephenson and Co., Ltd., £l6l 2s with interest from January 31, 1919, in payment for cows which defendant was authorised by plaintiff to buy. Judgment was given for £2OO on the first item, being £l5O overpaid and £SO bonus. On the second item £l2 5s was allowed. The claim for £8 4s was disallowed; £ll9 7s 2d was allowed on the personal account, £ll2 15s 4d. on the open account, and £l9O 8s 7d for the amount undercharged for butter. On the counterclaim defendant was allowed £2O 16s 8d for wages, but the £IOO damages claim was dismissed. With the consent of plaintiff the Judge entered for £l6l 2s for purchase of stock. The total judgment for plaintiff -was £477 15s with interest at Gh per cent, from December 13. Defendant secured a total judgment for £lßl 18s Bd. Costs were according to scale in each case, and the registrar was to fix witnesses’ expenses.