CIGARS EX NIWARU.
DECISION BY CHIEF JUSTICE. (By Telegrapb.-Prcss Association.) Auckland, October i. In the action Partridge and Co. v. A. H. Nathan, a claim for tho valuo of h caso of cigars landed from tho Niwaru for plaintiffs but not delivered, tho Chief Justico said tho question was tho effect of a clause in the bill of lading, stating that the goods were to be taken from the ship's tackle, and if consigneo was not then ready, were to bo stored at the consignee's risk. The Judge held that this clause was unenforceable if tho contention of the defence was that the ship's contract could bo performed by dumping tho goods on tho wharf at any time, though tho consigneo had no notice of arrival, leaving them on the wharf exposed to all weathers or to dishonest people. • Hie Honour held that there had been no truo delivery, and gavo judgment for .£145, tho value of tho case.
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Dominion, Volume 6, Issue 1563, 5 October 1912, Page 4
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159CIGARS EX NIWARU. Dominion, Volume 6, Issue 1563, 5 October 1912, Page 4
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