IN THE COURTS.

Stratford Evening Post, Volume XXXIV, Issue 36, 5 October 1912, Page 5

IN THE COURTS.

O AUCKLAN I) SESSIONS

(Per Press Association.) Auckland, October I. In the action Partridge and Co. v. A. H. Nathan, a claim for the value oi a case of cigars landed but not delivered, the Chief Justice said that tin question was the effect of a clause in the bill of lading stating that the goods were to be taken from the snip s cackle, and if the consignee was not then ready were to be stored at the consignee’s risk. The Judge held that this clause was not forcible. If the contention of the defence was law. the ship’s contract could bo pel f inned by dumping the goods on the whari at any time, though the consignee had no notice of arrival, and leaving them on the wharf exposed to all weathers or to dishonest people. He held that there had been no true delivery, and gave judgment for £145, the value of tho case.