WHAT IS DELIVERY?

Taranaki Daily News, 4 August 1920, Page 5

WHAT IS DELIVERY?

CLATM POR LOSS BY PILLAGE. r AN INTERESTING CASE. By Telegraph.—Press Association. Auckland, Last Night. : • Judgment was given by Mr. Cutten, S.M„ to-day'in the case G. H. Coles and Co. Ltd. v. W. Cooke and Son, a claim for goods which plaintiffs stated were delivered to defendants, to which defendants claimed that the cases in which the goods were shipped had been pillaged, with -tie result that they did not receive the goods. The facts were that boots ordered by defendants, merchants'in Blenheim, were shipped by plaintiffs, but were stolen en route from the pillaged cases, and defendants declined to pay for the boots of the consignment that they did not receive. His Worship said defendants held that delivery of the goods to a carrier in Auckland was not delivery to them. The agreement by plaintiffs to pay freight to Blenheim was a usual trade concession, and was overborne by the fact that defendants had requested plaintiffs to insure the goods en route for them. They held that insurance,, meant Insurance against pillage, as well as other risks, but the contract was for insurance against ordinary risks, and, he held that conld not be held to include Insurance against pillage. He held, that the plaintiffs had proved delivery, and gave judgment for plaintiffs for the | amount claimed £35 6s fld, and £4 18s Qd costs.