FROM THE ISLANDS

Evening Post, Volume LXXXIV, Issue 137, 6 December 1912, Page 8

FROM THE ISLANDS

FRUIT LEFT BEHIND CLAIM FOR DAMAGES. • On 22nd February, 1912, so it is alleged, the s.s. Maitai, calling at Rarotonga on her way from San Francisco to New Zealand, failed to load and transport certain cases of fruit. In consequence the fruit, which had been prepared for the steamer, was damaged. To-day the Supreme Court was occupied with an action before the Chief Justice, Carl Kohn and a numbr r of other consignors claiming £1022 9s damages from the Union Steamship Company. Mr. C. B. Morison, K.C., with him Mr. A. Fair, appeared for the plaintiffs, And Sir John Findlay, X.C.. with him Mr. P. Levi, for the Union Company. Plaintiffs, it was set out in the statement of claim, are traders in fruit and other produce, and export fruit from Rarotonga. On 21st February, 1912, within reasonable time before the time appointed for the commencement of the voyage, plaintiffs delivered to the defendant company certain fruit for conveyance from Rarotonga to certain ports in New Zealand. The voyage was to have commenced » on 22nd February or within a reasonable time thereafter. The defendant company failed to load tho fruit and failed also to effect delivery within a reasonable time after 22nd February. In consequence plaintiffs suffered damage to the extent of £1022 9s. For an alternative cause of action plaintiffs alleged that defendant company contracted to carry the fruit ■by the Maitai, and in pursuance, of this contract issued shipping notes. Because of her ~unseaworthy state the Maitai failed to keep to her time-table running, and was unable to fulfil the terms of the contract. The fruit was delivered to the company under a warranty that it would be . taken, . and for the alleged breach of warranty the plaintiffs claimed . £1022 9s. Defendant company gave a general denial to the allegations regarding a contract. A jury of twelve was empanelled to try the case. Mr. Morison opened the case for plaintiffs, and proceeded to call evidence. (Proceeding.)