The Dairy Union.

Feilding Star, Volume XVIII, Issue 143, 16 December 1896, Page 2

The Dairy Union.

THE UNION GAIN AN APPEAL. (Per Press Association.) Wellington, Dec. 15. A decision, which it is understood affects a number of shareholders in tbe New Zealand Farmers' Dairy Union, was given to day by Mr Justice Edwards. The case was an appeal by the Union against the decision by the Wellington Stipendiary Magistrate who nonsuited the Company on a claim against a shareholder named Burch. of Levin, for the recovery of moneys payable upon the allotment, and for the firet four calls with interest, on the ground that notice of allotment had not been duly sent to respondent, that respondtnt's application for shares had not been stamped, though liable to duty. His Honour said he should be prepared to hold if necessary that, notice of call was a notice of allotment. But the mutter appeared to be removed from nil doubt by a circular sent out, which informed respondent in plain terms that he had been registered as a shareholder in respect of shares applied for by him. He had never repudiated the contract ond raised no objection until considerably over a year afterwards when this action was heard in th« Magistrate's Court. It was then too late to do so. The stamp objection nlso failed, as the subject matter of agreement did not exceed the value of £20 and was therffore nut liable to duty. The appeal whs therefore allowed with £7 7s costs und judgment ordered to be entered for tho appellant company in tbe Magistrate's Court for the amount c(<iuued, 40 18d 2-i.