Disputed Milk Cheque

Levin Daily Chronicle, 12 October 1918, Page 2

Disputed Milk Cheque

At the Magistrate's Court on Thursday, a civil action was heard in which E. -Vl. Herrick sued the Kuku Dairy Co., Ltd., for the sum of £22 6s 3d. Mr.Par.k appeared for .plaintiff and Mr Hlenkliorn for <t3ie defendant company. The case arose out of an alleged'arrangement between the Directors of the Kuku Dairy Company and the plaintiff for the supply of milk to Wei- . lington. The winter before 'last plaintiff and three other suppliers (Messrs C. I. Harkness, J. Johnston and J. D. Brown) were sending their milk to Wellington, but agreed with the Company to send it to the Kuku Factory after September 1. They Supplied the factory- for aj few days after September 1 and then word came from Wellington that there was a shortage of milk tnero owing to cheese factories starting at _Te Horo and) Waikanae. The Association, controlling "the City milk supply tasked the four farmers to continue sending their mi'lk to the City. It was alleged, that an arrangement was come to between. tlito Directors of the Kuku Co. and those suppliers that the latter should still supply Wellington, that - the Company should receive the cheque for the milk and that it should pay out butter-fat prices to the suppliers for the milt. The milk brought more in Wellington than 'butter- fat prices* Plaintiff and Mr Johnston denied that there was any agreement with tlije Com. pany and asked for and -received! payment from Wellington direct. _ The Kuku Company then lield back from money due to plaintiff the difference, between buter fat prices and the amo. unt realised in Wellington. Plaintiff therefore sued for the payment of this difference/£26 Gs 3d. Ttße other two supliers admitted the agreement andi paid oyer the difference to the Company. Several witnesses gave evidence, amongst theni J. D. Brown, chairman «f the Company, who said he suggested the agreement how disputed and plain., tiff did not object to it or quibble about it.!. Plaintiff, in evidence, stated Ihait there was no definite agreement made. After hearing counsel His: Worship re.servecl judgment. - /