MILLERS’ INVOLVED CASE

Sun (Auckland), Volume II, Issue 369, 1 June 1928, Page 12

MILLERS’ INVOLVED CASE

CLAIM AND COUNTER-CLAIM JUDGE RESERVES DECISION (Special to THE SUN) CHRISTCHURCH, Thursday. After hearing the evidence in an involved timber-milling case, in which Packer and Jones, Ltd., timber merchants, of Christchurch claimed £ 5,132. and Wm. James Morris, sawmiller, of Reefton, counter-claimed for £4,589. Mr. Justice Adams reserved decision. The case came up to-day in the form of motions for orders by the Court. The main dispute arose in consequence of the plaintiff company going into possession of defendants mortgaged properties as mortgagee in possession, on account of defendant’s alleged failure to observe the provisions of the mortgage. It was alleged by plaintiff that defendant had made default in paying principal and interest under the mortgage. The defence contended that at the date of the issue of the writ, the defendant was not indebted to plaintiff, but that plaintiff was indebted to defendant in the mortgage account. Defendant denied that the sum of £2,733, as claimed, was due by him to plaintiff as balance of the mortgage account. He alleged that the sum should be £1,883. The defendant alleged that during the plaintiff’s period of possession the plaintiff took profits from defendant’? milling properties which satisfied the indebtedness, if any, of defendant to plaintiff. The defendant counter-claimed for an inquiry into the accounts; for £4,832, representing a cash surplus there should have been during the period of plaintiff’s possession. less £1,883 due by defendant to plaintiff; for the sum of £I,BOO in respect to silver pine poles taken from land over which defendant had milling rights; and for £l4O on account of property belonging to defendant on which plaintiff, it was claimed, improperly realised or lost.