Magistrate’s Court, Ross

Hokitika Guardian, 30 October 1922, Page 1

Magistrate’s Court, Ross

SOUTH WESTLAND FARMERS’ DISPUTE. At the Magistrate’s Court, Ross, on Saturday, the hearing took place of the case Thomas Holley of Hari Hari fanner, against John Cloher of the same place, farmer. The dispute arose over the alleged non-payment of a cheque amounting to £BS 13s lOd recenved by the defendant for the use of the plaintiff, from the Wataroa Dairy Fnctory Company Ltd. The defendant, on the date he received the cheque deducted therefrom the sum of £35 claiming the right to deduct that amount on account of his claim against the Plaintiff for the wrongful use of a horse, cart and harness, for which he claimed £25 and the further sum of. £lO for an alleged breach of contract. He gave notice of these claims to the plaintiff and forwarded the sum of £SO 13s lOd as the balance due after the deductions claimed by him were made. The evidence in the case showed that in 1919 the parties entered into what was known as a Milk Sharing Agreement which was to last for two years. The plaintiff made further claims for the half cost of certain calf food supplied to the defendant’s calves and other small sums for half cost of repairs to the farming implements used on the land. - A considerable amount of evidence was given and in the afternoon the Magistrate delivered a reserved judgment as follows: As to the amount claimed by the plaintiff—a total sum of £l3 9s he held that the plaintiff had proved his claim to the sum of £3O 6s. The Magistrate held that the plaintiff could not recover the balance of £4 3s being one-lialf of the calf feed, supplied as it was clearly the duty of the plaintiff to feed the calves under the agreement. The plaintiff would therefore have judgment for £39 6s with Court costs £3, Solicitor’s fee £3 3s; plaintiff’s expenses for attendance £1 19s, a total of £47 ss. The counter-claim of the defendant amounting to £35 for use of the cart and harness and breach of contract was non-suited.

Me Murdoch appeared for the plain, tiff (Thomas Holley), and Mr Sellers for the defendant (John Cloher).