A DAIRYING CASE.

Hauraki Plains Gazette, Volume XXXVII, Issue 4953, 19 March 1926, Page 1

A DAIRYING CASE.

NOTICE: OF APPEAL LODGED. WHISKER V. N.Z. DAIRY COMPANY. Notice of appeal has been lodged against the judgment of Mr Justice Herdman in the case of J. B. Whisker, 'farmer, Nether,ton, v. the ;N.Z. CoOperative Dairy Company, Ltd. The appellant originally took a'ction against the company on the grounds — • 1. To recover moneys salleeed to have been wrongfully ‘ deducted by way of calls. 2. Applying for an order for the removal of certain shares, in his name • from the register = 3-A declaration that certain df the company’s articles were ultra vires and a further declaration that Whisker was entitled to have his shares, resumed in order of receipt of application. . The company pajd the 1 sum' claimed on the. first ground to Court, and under the second heading agreed to the removal from the register of 14 butter shares. , On the third issue His Honor held that since the defendant company had righted . the grievances Of the plaintiff the were no longer “ a.t grips,’’ and that the third issue should not be gone on with. Therefore. he gave judgment' against plaintiff on this section. It is, against this judgment that plaintiff is appealing.