S. M. COURT.

Otaki Mail, 7 September 1923, Page 3

S. M. COURT.

T 3 HOEO DAIRY CO. v. K. J. KING. Te Horo Dairy Co., Ltd.. (Mr. Aimore) v. R. J. King (Mr. Cooper)— claim £97 3s sd, counterclaim £97 3s 5d —Reserved judgment is to be given in this case on the 12th September, and keen interest is being displayed in the n suit. The case has been taken as a test to decide whether the company can recovery loans to suppliers, lent in anticipation of the payment of a bonus which was not available for distribution. Claims to the extent of over £1,200 rest on the issue.

STRAYING STOCK. CASES WITHBRAWN. Two by-laws cases—Otaki Borough Council v. Pat Cook and same v. H. H. L-blls—were withdrawn from hearing yesterday. Mr. Staveley, who appeared for Bills, applied for expenses and solicitor’s fee. pointing out that the case had been adjourned last Court day, while on this occasion Bills had been a! work since 3.30 a.m. to enable him to be prosent. Mr. Atmore said the S.M. almost invariably made it. a practice not to allow costs iusueli eases arid pointed out that the charges were laid on the recommenddation of the ranger (H. Phillips) who had now relinguished his duties with tho Council. Phillips had aiso destroyed all records, and as the Council was relying on him it was now compulsory to have the cases adjourned and see if oilier information would tip available. He asked that no costs be allowed. Mr. Staveley said the statement was very interesting. but contended if Phillips had let the Council down it was the Conusil’s duty to deal with him. It was n monstrous thing, he added, to expect Bills to attend two days at such great inconvenience and then to make no recompense.

Mr. Atmore: We had a strong case but our chief witness has gone back on us. Mr. Staveley: If the Council made a mistake it should pay for it. Mr. Davies, town clerk, then read the ranger’s monthly report which showed that Bills’ stock had been seized, and in consequence of which the Council decided to tnke\ action. Phillips, he said, had resigned since the proceedings were instituted. The Bench considered a local body should be protected and agreed to allow no costs.