PA TEA TINNED MEAT CASE. I

Taranaki Herald, Volume XLIV, Issue 10345, 28 June 1895, Page 2

PA TEA TINNED MEAT CASE.

Appeal Cask.— Johnston and co. v. OT-niIAM. Tnis appeal from a decision of the Court of Appeal of New 7/e.iland of May 28, 189-1 (affirming a decision of the Supreme Court of New Zealand in favor of the respondent) was before the Judicial Committee of tbe Privy Council on May 10 (presci.t tha Lord Chancellor, Lord Hobhou«G, and Sir It. Couch), when Lord Tlobhouse intimated their lordships' judgment. Tho plaintiff', who are merchants in Sydney, contracted j with the War Department of the Netherlands India to furnish largo quantities of tinned beef under certain conditions. The contract itself, it appears, was not set out in tho record, but tho important parts of it, the condition of tender, were contained in a document marked " A." At the samo time tho defendant, who is a meat preserver at Patea, in New Zealand, contracted to supply the same quantities to the plaintiffs at Sydney "in strict accordance with the specification and requirements of the attached conditions of tender." This contract was document "B" in the record. The attached conditions were those of contract " A." Under some of these conditions the War Department made claims against the plaintiffs, by which they incurred loss. Thoy sued the defendant to make

good that loss, nnd the question was whether the terms of contract " B " were such as to subject the dofenJant to all the conditions of contract " A." There were several conditions relating to the I quality and quantity of the beef, the sizes and marking of tho tins, tho ronstruction of the packing-cases, aud the times and places of delivery and shipments. For tho pUintitta it; waa broadly contended that the defendant bound himself to supply meat that should answer every condition of contiact "A," including that eon1 dition of absolute satisfaction to the War Department at all times within twelve months after each shipment. On this the observation occurred that, as far a3 the plaintiffs were concerned, the defendant's contract was perfirmed by delivery of beef in proper form, quantity, and quality at Sydney. At that point the defendant's control over the goods ceased. Thore worn no utipulationsas to tho treatment of them

by tLo plaintiffs iv Sydney, nor during the transit from Sydney to Java. W. if tiiay vjcie d:iTr>aged during thnc tim^. though it michfc bu by tho plain tiilV neglect, tho (Ipfondant would, according 1 > the theory of hia absolute guarantee lo tho "War Department, be liable for tho loss, or at best could only escape by undertaking the difficult burden of proving that tho damage wag caused by the plaintiilN. Such a contract (in their lordships' opinion) would be one of a very onerous kind for the defendant, aud though not incredible, was at least so unusual and unlikely as needed to be expressed in clear language before it could be accepted by a court of justice. The language of contract '• B " was not such as to necessitate the plaintiffs' inference from it. If it had been intended that tho defendant should take all the risks to which the plaintiffs had subjected themselves, that might havo been expressed in simpler words than had been used. Contract "B" did not say that all tho conditions of contract •' A" were to attach. It said that the defendant should supply beef in strict accordance with the specification

andrequirementsof theconditions. Whatever might have been the precise shade of meaning intended by the draughtsman, the words literally construed imported something less than the totality of the conditions, and pointed rather to such " specification " and " requirements " as related to the thing which tho defendant contracted to do — viz., te supply beef for delivery and shipment in Sydney. Neither term was well adapted to express such conditions as were the present subject of dispute. Moreover there were other provisions in contract " B " inconsistent with the notion that the defendant was meant to take over contraoti "A " with all its burdens and risks. The terms of condition and payment as between the plaintiffs and defendant were different from those between the plaintiffs and the War Department. Again though the defendant was provisionally to deduct 6 per cent from his invoices againat possible claims, that matter was to be adjusted within (six months from the date of shipment, and payments were to be made to the defendant either at the time of shipment, or, at the latest, six months afterwards. Even supposing that the shipments mentioned Avere the later ones - vi 7., thoso from Sydney — a point whii h wns not decided below, it waa difficult to believe that accounts were to be final ly settled as between tfio plaintiffs and defendant within si v month', if all the time it was intended that thedefendant should, under his twelve month*?' agreement, have liabilities hanging ovsr his headwhichthe

W.ir Department might, at its discretion, onforee against him through the plaintiffs. For the above reason their lordship Iwould humbly advise Her Majesty to dismiss this appeal. Tho appellants must pay the costs.

I OFi l h,N TIKBD 15uT Nl/ViiU WIiARYLet's discuss this p lint for two minutes. ' Here's a man « ho pays dint at a certain [ eriod h.i bugan t*i fuel ' lirod and weary." That'a precisely the way lie piita i in his letter. Now anybody in a >is;ht fo'fw»l lire'l oi-falixi'iil (it'f. the amn* !! s-;i.-js -;i.-j );A]ier ' labour or jnui'h ex r.iso. it"« umixsilva fashion of to'iing yo;i to hod v';>, lo^ive it a Test. It ia a natural ar.rt, ii. lnjtn, with suppar and s coo j'Jst uhend, 11 p'easjnt- feeling. But weariness '.—that's different* That conieß of inonnun;', waiting, of lone inoes. WoAiinv ta ispl' the mild, not of the hody.' lint iv,»ariorisi hi tho ho (y, ah the samo. If F-w Winers >ou at first, don't say. "Stuff!" Vhnui-' bug ! ' but stu'ly up on it A man may 1 8 tired ani happy, but not iveary and happy* For wenrineba meaus deprived spirits, a- <I nerves all sagged down in tho middle. And when yon gel b->t!i nt one© \ou wi 1 be wise to find out what's gone wrongt it is a short letter, this is, and we ran just aa well quite tho whole of it. Ths writer Ba}s : ' It was in November, 1887, whon I be^an to feel tiro I aud we*ry. It seemed qb if I had no strength left in me. Before that I had always be n s'rong and healthy. My appetite was pour, and for days togo'lier I c uld not toucb any fool that was paced before mo. After every meal that I did succeed in fowling 1 down [ had such dreadful paina in the chest uad back tlut I was almost afraid to eat. Th-n.

there wns & sharp paia around Ihe h»art, toe, as though Iw«s abbed with a knife; " I lost adfal o f sleep, and for nighta togethbr I didn't sleep at all. Then I began to loyofloah rapidly, anil was afr&iti I was going into a coahumptioD, Yet 1 kppt on with my work, however, but it was a hard ihiug for me because I was so weak an i nervous that I tremb ed from beul to foor. As the time went on I giadaally got worse and worso, and my eyes were, Funben and drawn in I consisted a doctor in Kentish town. He gave mo uieJJcioo, but it did no good. After alt this I {jot an idea into my be*d that I should t ot recover. "On -day a lady, camo into the shop, -.nd n tieing tha stuto I was in, kindly aa'eJ ho»v long 1 had bfen ill. I told her all about it, and the said, ' You try Mother Seigcl s Curative Syrup ; it has li ade me well, and I be'iove it will do you good.

•'Is nt for a botllo, and after taking a fpw cinsew I felt relieved. Presently my fciii »v;i«"! wilu .\io. Mid I enjojed my monk 1 could sl"op I'otreraUo, ahd by K-ejintj ,int..i;inij t!m '^yrup I soon got as stroll.- aa I ever was in my life, fiyoo ih-ittiiii' (now over jour years ago) I h.ive been in Uis b.'st of health, L con. s-i Jer ili?.t in a!i yro'.Mbility tlrtd remedy saveil my life ; at all ev-«:ns, ie restored my heiikh. and life without health don't amonut to much. I gl idly consent to the publication of this v atement, and wi'l answer ioq.K'ries Yours truly (Sigped), jG. Vises, 142, Hiephoid's linsh ' Boad, LondoD, \V.,, November 3?th, 1892." ' 'J'liuo Mr. Viace's unfortonato experience comns to happy end. As ha has to work for a living, like most o£ ua, he i« no doubt often tiroa, biu nover weary any more. And what can p:ssib'y be moie weirisomd th»B lons coDtinneil iilaess V With him, &s with mil ious, it was the stomach that waa i 1 fault. His food entereu the stomach and stopped the 9. So he suf' fered from two bad resnltn : he received no strength from it, but be dH r-ceivQ tha. deadly acidß and gases which tho ferrn&H'

Ed stuff give birth to. Indigestion and rtyB f o»hia. ' h>< wimo old etory of pain and mifery, and thank uiir'v, the same story of le-to ation and gratitu^o after am a-poal for h« p had been tuude tv Sood uli Mother Stigel.

Captain Edwin telegraphed at 1 30 p.m to-day:—" North-east to north and west gale, with raiu and heavy sea and very high tides; glass further fall. The indications are bad."

The annual Pupil Teachers' Examina. tion, which was started at the Central School on Monday last, was concluded today (Friday). Two candidates retired during the week on acsount of ill-health

Intending exhibitors at tho forthcoming Poultry, Pigeon, nnd Canary Show, ar* reminded that the entries will be receive*! at the Secretary's store anj tkno up lo p.m. on Wednesday evening next (Jun* 2Gth). Send all the entries you can, a#~ this is expected to be the best show Jieltf inTaranaki, and positively the largea* priao list yet offered. — Ai>vt.

impurities in tub Blood. — "We.hare seen hosts of leitera from people whohave received great benefit from the nse of Clarke's Blood Mixture. It cannoVbo too highly estimated, for it cleanses aud clears the blood from, all impurities/ This is a good testimonial from, tfcd Family Doctor, which goes on further lo say : " It is the finest Blood Purifier, that science and skill have brought to light, and we can with tho utmost confidence recommend it to our subt,crihers and th« public generally." For Scrofula, Scnrvy, Eczema, Bad Logs, Skin and Blood Diseases, Sores and Pimples of all kind* its effects are rn;irvellous. Thousands o£ Testimonials. Clarke's Blood Mixture ii sold everywhere, at 2s 9d perboiti* i3ewcas of worthless imitations an<i sub' '..itutes.

PROFESSOR LIEBEG Bays :~"W« shall never know how men were fintj? directed to Lhc i^p of Coffee, but werjiii/ foivuder the article so remarkable fror its action on ihe braLi and 'the substance of the organs of motion as an element of tod for organs yot unknown;' -which «3 dnstined to convert the blood into nervous substances and thus recroiu the energy of the moving and thinidDg faculties." If you wish to benefit yourself you could not do better than drink Crease's A.I. Coffee. Sold everywhere 1 and 2 Ib. tin.l, For it is the bost. PERSONS OF DELICATE CONSTI tution, who are obliged to abstain from ordinary Coffee, should try Crease's Taraxacum or Dani>elionCoitee, which is' recommended by tho highest Medical - Authorities as a very valuable beverage for those suffering from weak digostion^ flatulenoy nervousness, cic. XottolmoT/ is not to have.