SHARE MILKING

Pukekohe & Waiuku Times, Volume 7, Issue 421, 25 October 1918, Page 1

SHARE MILKING

Question of Bonus

SUPREME COURT DECISION

Judgment was delivered by his Honor Mr Justice Cooper at t!i-> Auckland Supreme Court on Tues day in the matter of Mr Hubert C Hay versus Mr Joseph Henry, of Patumahoe. This was a summons to set aside an award in respect to a milking agreemont whereby Mr Haywas entitled to receive one-third of all monthly milk cheques for the sale of ali buttgrfat obtained from the milk of the cows The umpire fouDd that the word* "monthly milk cheques" excluded the bonus Mr McConnell, for the plaintiff, contended that tbis construction was wrong in law, and asked the Court to set the award aside Mr Haddow, for Mr Henry, claimed that tlu Court had no jurisdiction to review the award His Honor determined that the Court bad jurisdiction where the mistake of the arbitrator was one of law. Ho then considered the award, and held that as the umpire had found on the facts that 'monthly milk cheques" did not cover "the bonus cheque," the umpire's award could not be set aside, and dismissed the summons, with £5 os costs.