PLAINTIFF FAILS

Waikato Times, Volume 124, Issue 20785, 21 April 1939, Page 9

PLAINTIFF FAILS

MISSING SHEEP CASE MAGISTRATES DECISION GARLICK V. YOUNG AND POLSON (United Press Assn.—Elec. Tel. Copyright) STRATFORD, Thursday Reserved judgment for William H. H. Young and William John Poison, of 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 Messrs Young and Poison for £136, the value of sheep and wool allegedly converted by defendants to their own use or alternatively as the money was received by them to the use of Garlick. Mr Woodward found that Poison was not a partner of Young at the time the dispute arose, hut was only ii 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 Young was to disprove it, but as the burden of proof was on the plaintiff Mrs Garlick had failed. He referred to the fact that Young sold some sheep before the dispute was clarified and, while he did not think the precipitancy was with the intention of defeating Mrs Garlick's claim, he believed Youngs impatience to sell, despite warnings and before a tally could be taken, might have prevented Mrs Garlick from being able to prove her claim. Under the circumstances he would not grant costs for Young. Mr 5. Mac Alister, for Young and Poison, asked about costs for Poison. Mr Woodward said he hoped that would not have been raised, and suggested the point might be referred to Poison, who was at Wellington at present, and be reconsidered. To this Mr Mac Alister agreed.