APPLES NOT DELIVERED.

New Zealand Herald, Volume LVII, Issue 17459, 1 May 1920, Page 6

APPLES NOT DELIVERED.

COURT OF APPEAL CASE. [by telegraph. — press association.] WELLINGTON. Friday. In the case of Gore v. the Union Steam Ship Company, now before the Court of Appeal, arising out of the non-delivery at Auckland of apples from Vancouver by the Makura, Sir John Findlay, opening for defendants, contended (1) that the Makura did not arrive at the port of Auckland in December, but merely arrived in its vicinity; (2) that the company were prevented from loading goecls by (a) strikes, and (bl epidemic; (3) that under the Act the Makura was entitled to deviate to Sydney, and did so, returning to Auckland as soon as was reasonably possible.

Sir John Findlay opened for the defendants, because they have to bring themselves within the exception of the bill of lading. Mr. Skerrett, K.f., argued that the exemption ill the bill .if lading did not apply because of the Makura's deviation to SvdneV before unloading at Auckland. This'deviation was not authorised by the bill of lading, because it was out of any route customary or otherwise from Sura to Auckland, for, as soon as the- vessel was sent into quarantine, it was practically arrested. It could not leave without the permission of the State.