ARE MILK SHAKES MILK?

Hawke's Bay Herald-Tribune, Issue 147, 9 July 1937, Page 6

ARE MILK SHAKES MILK?

-Presi .Association.)

Judge Reserves Decision in Appeal Court "MAGISTRATE MISLED,>

CBv Telegraph-

WELLINGTON, Last Night. The Chief Justice, Sir Michael Myers, after hearing an argument ont whether the selling of milk shakeg came under the sale of milk as defined in the Wellington Oity Milk f .pply Act, 1919, said he had no doubt about his decision, but he would commit it to writing. The case was an appeal by Tiffeng Limited against a magistrate's' decision in favour of the Wellington City. Corporation that milk shakes consisted substantially of milk and the sale came under the definition of th® Act. Couqsel for the appellant cited cocoa, eoffee, ice cream, butter and other commodities bearing a close relationship to millc. He contended , that the drink which the appellant sold was not milk within the meaning of the Act, but a confection or com* position in which a process was in* volved. He cited a case in which it had been held that the sale of ravsf meat with stuffing was not the sale of butcher's meat. The Chief Justice asked counsel for the corporation whether he would still say that a milk shake' was mlltj if it were called by a name not in* cluding the word inillr. "From his judgment I think thaf the magistrate was misled by the facf that the word forms part of the name of the article," said the Chief Jujh tice.