THE BANANA CASE

Auckland Star, Volume XXXIX, Issue 116, 15 May 1908, Page 4

THE BANANA CASE

' ~-~ : \ : -¥\' f ; The case in which the Auckland «L of Tooman and Co. sued Rilev "Sonff Co., of Dunedin for £77 7/10, for b_k_! nas, sent to the defendants, ment the defendants refused to aieeaSa on account of the fruit being inf«2_ with fruit fly when it arrived in DtnuZ din, was continued after the "Star^^ra!*"'"'■''• to press yesterday. - • Mr Baume, K.C., cross-examined __* Harnett (fruit inspector), who in '■ llfc- • evidence in chief, had said that *&_ fruit was in excellent condition »_5 '" i ' : free from fruit fly, when it was lauded in Auckland from Fiji just prior to its transhipment to Dunedin. ' His Worship remarked that the witness could not say that the banujii were free from fruit fly; he could only say that in his examination he had not found fruit fly. nin \i.,.. 1.;.. +*,„_ „,. j.: 5 „, : V'..'S\j

His Worship then questioned the Wit. ' ness as to the value of the inspection. •"''' ; Mr Harnett admitted that it was'hot ; the practice to examine every box' of bananas. It was the practice to „_/ mine part of a shipment, and on tljj - ' result, judge the whole. ~'_■' "Then," asked his Worship, "m« t_e*g't .certificates of any value whatever: i«i '-"■•'' specting these particular cases sent Wj.\. Tooman to Riley, Scott? Cau you"''''*■ swear that they were examined, or went some of the shipment inspected and that : taken as a guide for the whole?- Ig it? not possible that you never saw the fruit in question? lam not imputing dishonesty to you. It is the official -\ form." ; ~-\> '''-.'.'-•&'.,"'-• "Yes, it is possible." ; ' -.■■,}■:, "Well, then, these certificates .- solutely valueless, and may as well be torn up?" ; > "Yes, from that point of view they are." ■ ' - • >?;>£: • John Tooman, foreman in the plaintiff ■>"•■.Zfirm, swore that the bananas were green.' "•'.*'. and in excellent condition when trau- ■: >, shipped. ';',':• Evidence was called for the defence, , showing that the fruit was badly infested . with fruit fly and unfit for human con-••■."■ sumption when it was landed in Dunedin. i - The case was adjourned for arguoiwit i ; : ;. No date was fixed. *•'* .