SUPREME COURT.

Greymouth Evening Star, 22 July 1918, Page 2

SUPREME COURT.

AN APPEAL ALLOWED. (Per Press Association.) WELLINGTON, July 18. 11l the Supreme Court this morning Mr Justice Chapman heard a case in which Joseph Nathan and Co. appealed against the decision of Mr S. E. McCarthy, S.M, imposing a hue in January, 1917, for selling short-weight butter to William Campbell, grocer, Manners street. Appellants' counsel said the Company manufactured tlie "Defiance'' brand of butter. On January Bth, 1917, Campbell purchased 481 b of butter from the firm, the packages being labelled lib. On January 10th Inspector Cowderoy purchased a package of the butter from Campbell's assistant. On weighing it he found that it was 5 drachms short. A charge was laid for having a misleading label under section 12 of the Sale of Food and Drugs Act. It was contended that tlie short-weight was caused by a too close adjustment of the wires in defendant's cutting machine. For the defence counsel contended that there was no case to answer. The sale had not been proved. On the same day that the Inspector was said to,lkive bought the butter at Campbell's, he also purchased from another store the same brand of butter, which was well over the weight. His Honor, after hearing evidence said that a probable case bad been made out, but he thought .something more should be made out in a case like tin's. He did not think the rase had been proved as conclusively as it should nave been. The appeal was allowed.