SUPREME COURT

Dominion, Volume 11, Issue 229, 15 June 1918, Page 12

SUPREME COURT

MILK SUPPLIER'S CONTRACT FACTORY BY-LAWS In the Supremo Court yesterday, His Honour Air. JuotiiT Jloskiuj hoard & cii-c removed Iruni i'lilmei'ston .North, where it was jwi'tlv heard. The plaintiff was AVilliam Henry Wnlsh, dairyJanner, of Mutamaii. and the dcfciulanU wore the Jlalairnni C!o-operatiTe Dairy Co., Ltd., of Dannevirke. 'L'lie plaiiitilV, in his statement ol'ilaim, alleged that on December 9, I£il(i, he became a .■ihari-'holder in the company, and supplied to it milk from .nis ;,irm front that date to January of this-year. At the latter date the. company ir-iustd to accept any more milk from him. H was not the custom ol the company to pay interest: on shares to shareholder.-;, hut to divide, all profits amongst the. shareholders wlio were milk suppliers. Dunns the latter months of 1917 and January 1918, plaiutin" had supplied (|uantitie.s of milk lo the company, and at the end of the season he would have lieen entitled to receive a sum by way of bonus. AVlien the company refused to take his milk the plain)itV was compelled to make fresh arrangements, which nei'essitatdd the carryini; of his milk lo si. factory a further distance of eight miles over rough hilly roads. J'laintilf sought a declaration of the Court that he iva< entitled to a bonus nt the same rate ;is might be paid to the other shareholders, concerning the milk he had supplied since August, 191". Plaintiff also claimed ,-£'. 100 damages for the actioli of the company. The statement of defence pointed out that the plaintiff would receive his lionus so soon as account .-fales for chepje were available. Thfc rcii*on for the company having decided to discontinue taking the plaintiff's milk was that contrary to the by-laws of the company he liad interfered with the manager and other servaiite of the company at the factory. His conduct, it was allesed, became intolerable, and his contract was determined uy reasonable notice. The plaintiff wa* i-epuesented by Mr. K. ],'. Cooper U\ilmerston North), and tile defendants were represented by llr. 1». 11. I'imila,-;. with him Alv. Lloyd, of DaniiPvivke. lOvidencc was taken at Palmerston Xorth, and argument l>v counssl w;;s heard yesterday! After heariiis argument, Vk Honour reserved his decision.