ASSIGNEE SUED

Sun (Auckland), Volume II, Issue 482, 11 October 1928, Page 12

ASSIGNEE SUED

MOTOR-DRIVER’S CLAIM WAGES AND OVERTIME (From Our Own Correspondent) TE KUITI, Wednesday. An unusual case was heard in the Te Kuiti Magistrate’s Court on Tuesday, before Mr. J. H. Levien, S.M., when Arthur Horton, motor driver, formerly in the employ of A. E. Magon (now bankrupt), claimed from J. H. Robertson, official assignee in Magon’s bankrupt estate, wages allegedly due and owing from November 12. 1927, to March 27, 1928. This comprised 67£ hours overtime at 3s an hour, a total of £9B 11s 6d. Mr. H. T. Morton appeared for plaintiff and Mr. E. M. Mackersey for defendant. Plaintiff stated he had been promised verbally, by Magon that he would be allowed 3s an hour for certain overtime from November last. Magon said he had not funds in hand at the time, but anticipated an improved financial position during the tourist season. This, however, was not the case, and plaintiff was not paid. A. F. Shearan, formerly in Magon’s employ as clerk, gave corroborative evidence. Albert Edward Magon, plaintiff's late employer, said the arrangement was as stated, there being no written agreement. He''was unable to pay plaintiff. Counsel for defendant, said tbat there had been a settlement previously of accounts outstanding against Magon, and plaintiff had not put in claim at that time. If plaintiff’s case succeeded. the amount would have to come out of the creditors' pockets. The official assignee was unable to trace any records regarding plaintiff’s claim. The magistrate said the fact that other overtime claims had been paid was some corroboration of plaintiff’s story, irrespective of the nature of. the agreement between Magon and plaintiff. On the magistrate’s suggestion that counsel should come to some arrangement. the court was adjourned for a while. On resuming it was announced that the official assignee was prepared to admit the claim in the amount of £6O general and £l6 15s preferential.