i-law

Lloyd's Law Reports

NITRATE PRODUCERS STEAMSHIP COMPANY v. SHORT BROTHERS.

(1922) 12 Ll L Rep 1
Jurisdiction-Whether Judgment reversed in House of Lords can then be antedated by Trial Judge unless so directed.

RE NORMAN, CLARKE, DUNLOP & CO.

(1922) 12 Ll L Rep 3
Company-Winding-up-Secured or unsecured Creditors-Charge upon Book Debts void unless registered-Lien- Construction of Documents.

"LYNNTOWN" v. "TERVAETE" (EX "ADELINE HUGO STINNES 3").

(1922) 12 Ll L Rep 5
Maritime Lien-Arrest-Collision Bail-Ship owned by Foreign Government sold after Collision to private Owner- Whether a Foreign States by Agents may impose a Charge or Lien upon one of its Public Ships which may be enforced if without impleading Foreign State.

RUSSIAN COMMERCIAL & INDUSTRIAL BANK v. LE COMPTOIR D'ESCOMPTE DE MULHOUSE & THE LONDON COUNTY WESTMINSTER & PARR'S BANK.

(1922) 12 Ll L Rep 6
Banking-Claim for Return of pledged Bonds-Effect of Soviet Decrees- Exhaustion of Power of Attorney by Disappearance of Entity which gave it or by Supervention of altered Circumstances.

THE "BYZANTION."

(1922) 12 Ll L Rep 9
Mortgage of Ship-Jurisdiction in rem- Validity of Mortgage under Greek Law -Position of Necessaries Man as Intervener.

CRAWFORD ("HUMOROUS") v. SCARBOROUGH HARBOUR COMMISSIONERS.

(1922) 12 Ll L Rep 12

Negligence-Damage at Berth-Whether Berth Defective.

"TORSK" AND OTHERS v. "RANENFJORD."

(1922) 12 Ll L Rep 15

Collision in River Mersey.

"SILVERFORD" v. "ILFRACOMBE."

(1922) 12 Ll L Rep 20

Collision off Lowestoft.

SHIPPING CONTROLLER ("FERNLEAF") v. "SAN GREGORIO."

(1922) 12 Ll L Rep 22
Collision-Objection to Registrar's Report- Detention of Ship carrying Cargo for Government-Blue Book Rate, or Expenses only, or Interest on Capital Value of Ship-Deduction of Cost of Insurance from Blue-Book Rate.

THE "MONMOUTH COAST."

(1922) 12 Ll L Rep 22

Mortgage of Ship.

RE THE "STENSAAS."

(1922) 12 Ll L Rep 24
Bill of Lading-Short Delivery of Cargo Exceptions Clauses-Loss of Part Deckload -Unseaworthiness or Perils of the Sea.

THE "GLASSALT."

(1922) 12 Ll L Rep 24

Wages of Ship's Officers.

GILES MILLS v. "WILLONYX."

(1922) 12 Ll L Rep 24

Salvage.

[Case Settled.]

"JOLLY JAMES" v. "ROMEO."

(1922) 12 Ll L Rep 25

Collision in Manchester Ship Canal.

"MARMI" AND "TEMPUS FUGIT" v. "HALO," CARGO AND FREIGHT.

(1922) 12 Ll L Rep 28

Salvage Services in River Thames.

"BONN" v. "SOUTHWESTERN MILLER."

(1922) 12 Ll L Rep 29

Collision in Greenwich Reach.

THE "AUTO."

(1922) 12 Ll L Rep 29

Shipmaster's Wages and Disbursements- Intervener's Costs.

ADMIRALTY v. "BURRIANA."

(1922) 12 Ll L Rep 33
Salvage-Arbitration-Jurisdiction- Remuneration-Salvage Agreement made a month after Services rendered-Past Consideration-Inadvertence in completing printed Agreement.

L. M. FISCHEL & CO. v. R. KNOWLES SPENCER.

(1922) 12 Ll L Rep 36
Sale of Goods-C.i.f. Contract for Shipment per steamer and/or steamers from port or ports in Philippine Islands to Rotterdam -Validity of Bill of Lading tendered containing Liberty to tranship any time during Transit-Custom of the Trade.

GRAHAM JOINT STOCK SHIPPING CO. v. MOTOR UNION INSURANCE CO. AND OTHERS.

(1922) 12 Ll L Rep 38
War or Marine Insurance-Loss of Greek Steamship-Claim of Mortgagees- Defence of Alleged Scuttling with Privity of Owner-Inference from Financial Position of Owner-Plaintiffs' Interest as Mortgagees-Validity of Mortgage-Effect of Greek Law- Defence against Owner not good against Mortgagee suing as Assured- Whether Scuttling a Peril of the Sea.

[The Ioanna.]

LATUS, LINSLEY & CO. v. J. H. DOUGLAS & CO.

(1922) 12 Ll L Rep 63
Charter - Party - Demurrage - "With customary Dispatch" - Prevention of Loading by Ice-Custom of the Port.

NORTH STEAMSHIP COMPANY v. WM. BARNETT AND ROBERT BARNETT, TRADING AS W. & R. BARNETT.

(1922) 12 Ll L Rep 65
Charter-Party-Short Delivery of Cargo- Exception Clauses-Disputed Tallying.

ANGLO-EUROPEAN STEAMSHIP COMPANY, LTD. v. BLANE & CO., LTD.

(1922) 12 Ll L Rep 67
Ship Management-Management Commission -Commission on Purchases-Consideration for Waiver unknown, but held to be good because a Business Man would not give Something for Nothing.

PATERSON, ZOCHONIS & Co. v. ELDER DEMPSTER & CO. AND OTHERS.

(1922) 12 Ll L Rep 69
Bill of Lading-Damage to Cargo-Unseaworthiness or Bad Stowage-Unsuitability of Ship Chartered by regular Line -Exceptions Clauses.

P. SAMUEL & CO., LTD., v. MOTOR UNION INSURANCE CO., LTD., AND ANOTHER.

(1922) 12 Ll L Rep 73
Marine Insurance-Loss-Claim by Mortgagee of Ship-Defence of Wilful Casting Away of Ship with Privity of Owner-Inference from Financial Position of Owner-Validity of Mortgage -Effect of Greek Law-Insurable Interest of Mortgagees-Warranties as to Amount of Insurances on Cargo, Disbursements and Freight - Defence against Owner not good against Mortgagee suing as Assured-Whether scuttling a Peril of the Sea.

[The Gregorios.]

CHIHA SHOUCAIR & CO. v. COMPTOIR NATIONAL D'ESCOMPTE DE PARIS.

(1922) 12 Ll L Rep 91
Banking-Contract-Instructions to collect Money in Tunis and remit-Effect of Tunisian Prohibition of Export of Capital -Incidence of Loss in Exchange through Delay in remitting.

SOCIETE D'IMPORTATION DE BOIS EXOTIQUES v. GARRETT BROS. & DUNFORD AND OTHERS.

(1922) 12 Ll L Rep 92

Charter-Party-Repudiation.

[Case Settled.]

HOWARD HOULDER & PARTNERS, LTD. v. MANX ISLES STEAMSHIP COMPANY.

(1922) 12 Ll L Rep 93
Ship Brokerage-Commission on Sale and Charter-Contract to give Commission if Option exercised to buy for stated Price-Ship sold for Smaller Price.

NORWICH UNION FIRE INSURANCE COMPANY v. COLONIAL MUTUAL FIRE INSURANCE COMPANY, LTD.

(1922) 12 Ll L Rep 94
Re-Insurance-Marine-Total Loss-Substituted Agreement of Feb. 10 to pay percentage only in case of Total Loss- Date of Loss-Vessel alleged to have been lost Feb. 6 but not abandoned until Feb. 10-Liability of Re-Insurers.

ALBION MILLS CO. v. H. BABINGTON HILL.

(1922) 12 Ll L Rep 96
Fire Insurance-Claim-Allegation of Fraud -Amount of Loss-Alterations in Stock Book.

LONDON STEAMSHIP & TRADING CORPORATION, LTD.

(1922) 12 Ll L Rep 96

Company-Winding-up.

WESTVILLE SHIPPING CO., LTD., v. ABRAM SHIPPING CO., LTD.

(1922) 12 Ll L Rep 98

Sale of Unfinished Ship-Misrepresentation as to Stage of Completion.

CLAIM OF GRANT & CO.

(1922) 12 Ll L Rep 99

Malicious Injury-Materiality of Insurance of damaged Property.

FEDERAL INSURANCE CO. v. GREENHILL.

(1922) 12 Ll L Rep 101
Jurisdiction - Marine Insurance - Claim - Place of Payment-Construction of Contract.

RUSSIAN COMMERCIAL & INDUSTRIAL BANK v. LE COMPTOIR D'ESCOMPTE DE MULHOUSE AND THE LONDON COUNTY WESTMINSTER & PARR'S BANK.

(1922) 12 Ll L Rep 104
Banking-Claim for Return of Pledged Bonds-Effect of Soviet Decrees-Exhaustion of Power of Attorney by Dis-appearance of Entity which ware it or by Supervention of altered Circumstances.

POSTMASTER-GENERAL v. MAYOR AND CORPORATION OF LIVERPOOL.

(1922) 12 Ll L Rep 105
Nuisance-Debt, under Sect. 8 of Telegraph Act of 1878-Damage to Post Office Telephone underground Line by local Authority's Electric Light Mains.

LOUIS DE VRIENDT v. DEXTERS, LTD.

(1922) 12 Ll L Rep 109
Sale of Goods (Edible Tallow) by Description -Nearly one-half delivered not edible- Custom of the Trade-Applicability.

ALLAGAR RUBBER ESTATES, LTD., & ANOTHER v. NATIONAL BENEFIT ASSURANCE CO., LTD.

(1922) 12 Ll L Rep 110
Insurance of Rubber from Tree to Buyer- Destruction by Fire-Time taken to obtain Purchaser-Whether reasonable.

C. CZARNIKOW, LTD. v. ROTH, SCHMIDT & CO.

(1922) 12 Ll L Rep 111
Arbitration-Contract that neither Party should ask for a Special Case to be stated-Whether against Public Policy.

RE BRITISH AMERICAN CONTINENTAL BANK, LTD.

(1922) 12 Ll L Rep 113
Company-Winding-Up-Foreign Creditors- Damages for Breach of Contract to be performed abroad-Rate of Exchange- Date of Conversion.

GOMER AND ANOTHER v. PITT & SCOTT.

(1922) 12 Ll L Rep 115
Negligence-Shipping Agents-Failure to ascertain whether Goods fully insured.

GERMAN SUBMARINES. UB 17 and UC 49.

(1922) 12 Ll L Rep 117

Prize Bounty Claims.

"HORACE E. MUNROE" v. "PALMA."

(1922) 12 Ll L Rep 119

Collision at Sea.

CORY LIGHTERAGE, LTD. v. "VESTA."

(1922) 12 Ll L Rep 125

Collision in River Thames.

WILLIAM WATKINS, LTD. AND OTHERS v. "ORCADES."

(1922) 12 Ll L Rep 127

Salvage at Mouth of Thames.

E. KENT & CO. v. "WARRIOR."

(1922) 12 Ll L Rep 129

Collision in River Thames.

JOSEPH WATSON & SONS, LTD. v. FIREMAN'S FUND INSURANCE COMPANY OF SAN FRANCISCO.

(1922) 12 Ll L Rep 133
Marine Insurance - General Average - Imagined Peril afterwards found to have been non-existent-Loss only recoverable in connection with Avoidance of a Peril insured against.

SAMUEL MONTAGU & CO. v. BANCO DE PORTUGAL.

(1922) 12 Ll L Rep 134
Banking-Instructions to provide Security to procure Release of arrested ship - Security by Engagement intended-Cash Deposit paid.

HOWARD HOULDER & PARTNERS, LTD. v. MANX ISLES STEAMSHIP CO.

(1922) 12 Ll L Rep 137
Ship Brokerage-Commission on Sale and Charter-Contract to give Commission if Option exercised to buy for stated Price -Ship sold for Smaller Price.

VENESTA, LTD. v. WALFORD LINES, LTD., AND LONDON & NORTHERN TRADING COMPANY, LTD.

(1922) 12 Ll L Rep 139
Sale of Goods (Plywood)-Short Delivery- Bill of Lading-Sufficiency of Evidence to displace Bill of Lading Quantities.

SOCIETE ANONYME INTERNATIONALE DE TELEGRAPHIE SANS FIL v. G. E. AMBATIELOS.

(1922) 12 Ll L Rep 141
Rental of W/T Apparatus - Liability of Owner's Agent or Registered Owner.

ANSOLEAGA Y CIA. v. INDEMNITY MUTUAL MARINE INSURANCE CO., LTD.

(1922) 12 Ll L Rep 142
Marine Insurance-Loss-Claim-Defence of fraudulent Casting away of Ship with Privity of Owners.

[The "Leonita."]

CUTHBERT EDEN HEATH v. PRICE & GIBBS.

(1922) 12 Ll L Rep 163

Insurance.

[Case Settled.]

FARMERS' CO-OP., LTD. v. NATIONAL BENEFIT ASSURANCE COMPANY, LTD., ARGONAUT MARINE INSURANCE COMPANY, LTD., IMPORTERS AND EXPORTERS' MARINE INSURANCE COMPANY, LTD., AND NATIONAL MARINE & FIRE INSURANCE COMPANY, LTD.

(1922) 12 Ll L Rep 164
Insurance-Wording of Slip "to pay Loss should Vessel not be able to load and the Contract be cancelled thereby"-Two Contracts made (Charter-Party and Sale of Goods to be shipped)-"Profit on Hire" insured by wording of Policy- Loss of Profit under Sale Contract sued for.

RE GREAT WESTERN RAILWAY CO.

(1922) 12 Ll L Rep 168
Income Tax on Interest on Damages awarded in Admiralty Court for Injury to Ship by Negligence-Whether deductable from Interest paid.

BRITISH SECURITY INSURANCE CO., LTD.

(1922) 12 Ll L Rep 169

Company-Winding-up.

RE RENNIE, RITCHIE & NEWPORT SHIPBUILDING CO., LTD.

(1922) 12 Ll L Rep 169

Company-Winding-up.

DIMETRIADES & CO. v. NORTHERN ASSURANCE CO. DIMETRIADES v. SAME. BORTHWICK v. BRITISH GENERAL ASSURANCE CO. CAMBITSIS v. NORWICH UNION FIRE INSURANCE SOCIETY.

(1922) 12 Ll L Rep 170
Marine Insurance-Loss-Claim-Ship and Cargo-Defence of fraudulent casting away of Ship-Breach of continuing Warranty-Concealment (Ownership).

[The Spathari.]

TRUSTEE OF THE PROPERTY OF BARNETT DAVIES (TRADING AS D. BARNETT & CO.) v. MARSHALL.

(1922) 12 Ll L Rep 170

Burglary Insurance-Proof of Amount of Loss.

NORRKOPINGS REDERIAKTIEBOLAG v. LOVE & STEWART, LTD.

(1922) 12 Ll L Rep 174
Contract - Whether completed - Charter-Party -Negotiations by Telephone.

On Appeal from High Court of Bombay (in Prize). THE "KARA DENIZ." SOCRATES ATYCHIDES v. SECRETARY OF STATE FOR INDIA.

(1922) 12 Ll L Rep 178
Appeal against Condemnation - Whether Enemy Vessel-Domicile of Owner- Persian Subject-Commercial Domicile in Turkey.

HODGE & SONS v. ANGLO-AMERICAN OIL COMPANY AND D. T. MILLER & CO.; WILLMOTT AND OTHERS v. SAME.

(1922) 12 Ll L Rep 183
Negligence-Repairs to Petrol Barge- Explosion-Duty to Clean-Duty to Warn.

LONGBOTTOM & CO., LTD. v. BASS, WALKER & CO.

(1922) 12 Ll L Rep 192
Sale of Goods-Cloth-Refusal to deliver Part when previous Deliveries not paid for-Effect of Sects. 38, 39, and 41 of Sale of Goods Act, 1893-Divisibility of Contract.

DIX v. GRAINGER.

(1922) 12 Ll L Rep 194

Sale of Goods-Failure to establish Bank Credit.

C. CZARNIKOW, LTD. v. ROTH, SCHMIDT & CO.

(1922) 12 Ll L Rep 195
Arbitration-Contract that neither Party should ask for a Special Case to be stated-Whether against Public Policy.

"WILSON" v. "GAELIC."

(1922) 12 Ll L Rep 198

Negligence-Collision at Berth-Efficiency of Mooring Ropes.

THE "RENE."

(1922) 12 Ll L Rep 202

Ship's Necessaries-Priorities.

"LAMINGTON" v. "WENTWORTH."

(1922) 12 Ll L Rep 203

Collision in Blyth Harbour.

"FUKUYO MARU" v. "ZEUS."

(1922) 12 Ll L Rep 204

Collision in Dense Fog.

"LOUGHBOROUGH" v. "KONIGIN LUISE."

(1922) 12 Ll L Rep 205

Collision in Fog.

E. J. SMITH & CO. v. DELTA METAL CO., LTD.

(1922) 12 Ll L Rep 206

Sale of Goods-Waste Metal-Quality.

[Case Settled.]

IN RE F. W. LEWIS.

(1922) 12 Ll L Rep 207
Jurisdiction-Production of Documents- Magistrate's Powers under Extradition Act, 1873, Sect. 5.

ANSOLEAGA Y CIA. v. INDEMNITY MUTUAL MARINE INSURANCE CO., LTD.

(1922) 12 Ll L Rep 208
Marine Insurance-Loss-Claim-Defence of fraudulent Casting Away of Ship with Privity of Owners.

[The "Leonita."]

NORWICH UNION FIRE INSURANCE COMPANY v. COLONIAL MUTUAL FIRE INSURANCE CO., LTD.

(1922) 12 Ll L Rep 215
Re-Insurance - Marine - Total Loss - Substituted Agreement of Feb. 10 to pay percentage only in case of Total Loss- Date of Loss-Vessel allege to have been lost Feb. 6 but not abandoned until Feb. 10-Liability of Re-Insurers.

G. C. WELBORN v. PENMARK SHIPPING COMPANY, LTD.

(1922) 12 Ll L Rep 219

Shipbroker-Commission on Charter-Ship
Sold before Expiry.

COULOURAS v. BRITISH GENERAL INSURANCE CO., LTD.

(1922) 12 Ll L Rep 220
Marine Insurance-Loss-Claim-Defence of Wilful Casting Away of Ship with Privity of Owner.

[The "Katina."]

DIMETRIADES & CO. v. NORTHERN ASSURANCE CO. DIMETRIADES v. SAME. BORTHWICK v. BRITISH GENERAL ASSURANCE CO. CAMBITSIS v. NORWICH UNION FIRE INSURANCE SOCIETY.

(1922) 12 Ll L Rep 228
Marine Insurance-Loss-Claim-Ship and Cargo-Defence of fraudulent Casting Away of Ship-Breach of continuing Warranty-Concealment (Ownership).

[The "Spathari."]

BRISTOL CHANNEL STEAMERS, LTD.

(1922) 12 Ll L Rep 228

Company-Reduction of Capital.

TRUSTEE OF THE PROPERTY OF BARNETT DAVIES (TRADING AS D. BARNETT & CO.) v. MARSHALL.

(1922) 12 Ll L Rep 228

Burglary Insurance-Proof of Loss.

CALEDONIAN RAILWAY CO. v. SOUTH ALLOA SHIPBREAKING CO. AND R. B. REITH.

(1922) 12 Ll L Rep 233
Negligence in mooring-Breaking adrift- Collision with Bridge-Want of Anchor and Sufficient Ropes.

FRASER-JOHNSTON ENGINEERING, &c., CO. v. SAM ISAACS (ABERDEEN), LTD.

(1922) 12 Ll L Rep 233
Contract-Repairs to Trawlers-Authority by Custom of Fish Salesmen to order Repairs exceeded.

BRITISH & BENINGTONS, LTD. v. NORTH WESTERN CACHAR TEA CO., THE BAINTGOORIE (DOOARS) TEA CO., LTD., AND THE MAZDEHEE TEA CO.

(1922) 12 Ll L Rep 236
Sale of Tea-Repudiation by Buyer not accepted-Delay in Delivery-Reasonable Time-Frustration-Written Contract varied or rescinded by oral Agreement -Arbitration.

DAWSON'S, LTD. v. H. A. V. BONNIN AND OTHERS.

(1922) 12 Ll L Rep 237
Fire Insurance-Loss of Motor Lorry-Claim -Proposal Form-Incorrect Answer to Question-Address at which the Vehicle would usually be garaged-Materiality- Representation or Condition.

CARLTON v. R. & J. PARK, LTD.

(1922) 12 Ll L Rep 246
Insurance Brokers-Alleged Negligence in effecting Motor Car Insurance-Failure of Claim-Non-Compliance of Assured with Conditions of Policy.

GRAHAM JOINT STOCK SHIPPING CO. v. MERCHANTS MARINE INSURANCE CO.

(1922) 12 Ll L Rep 247
Marine Insurance-Scuttling with Privity of Owner - Mortgage's Claim - Application for Stay of Execution pending Appeal.

[The "Ioanna."]

CULPECK v. ORIENT STEAM NAVIGATION COMPANY, LTD.

(1922) 12 Ll L Rep 248
Workmen's Compensation-Ship's Baker- Injury received in protecting Passengers from Insult-Whether arising out of or in the Course of Employment.

SHIPPING CONTROLLER ("FERNLEAF") v. "SAN GREGORIO."

(1922) 12 Ll L Rep 249
Collision-Objection to Registrar's Report- Detention of Ship carrying Cargo for Government - Blue-Book Rate, or Expenses only, or Interest on Capital Value of Ship-Deduction of Cost of Insurance from Blue-Book Rate.

"LYNNTOWN" v. "TERVAETE" (ex "ADELINE HUGO STINNES 3").

(1922) 12 Ll L Rep 252
International Law-Maritime Lien-Arrest- -Collision Bail-Ship owned by Foreign Government sold after Collision to private Owner-Whether a Foreign State by Agents may impose a Charge or Lien upon one of its Public Ships which may be enforced if without impleading Foreign State.

A. D. AXARLIS v. "MELPO."

(1922) 12 Ll L Rep 256

Mortgage of Ship.

"ILE DE CEYLAN."

(1922) 12 Ll L Rep 257
Sheriff's Charges-Master's Wages and Disbursements-Priority of Maritime Lien.

"LAMINGTON" v. "WENTWORTH."

(1922) 12 Ll L Rep 259

Collision in Blyth Harbour.

"FJELLTUN."

(1922) 12 Ll L Rep 259

"PANAGHIS."

(1922) 12 Ll L Rep 259

Master's Wages and Disbursements.

"CAMDEN" v. "IBIS."

(1922) 12 Ll L Rep 260

Collision in North Sea.

"THEMISTO" v. "GARTHPOOL."

(1922) 12 Ll L Rep 261

Channel Salvage Services.

"JAMES JOHNSON" v. "BORDERGLEN."

(1922) 12 Ll L Rep 263

Salvage Services in North Sea.

"THE BARON" v. "LYS."

(1922) 12 Ll L Rep 264

Collision at Entrance to Newport.

"ELPIE" v. "ORVIETO."

(1922) 12 Ll L Rep 264

COULOURAS v. BRITISH GENERAL INSURANCE CO., LTD.

(1922) 12 Ll L Rep 266
Marine Insurance-Loss-Claim-Defence of Wilful Casting Away of Ship with Privity of Owner.

[The "Katina."]

H. FORD & CO. (CLAIMANTS) v. COMPAGNIE FURNESS (FRANCE), A. CAPEL & CO. (RESPONDENTS).

(1922) 12 Ll L Rep 281
Charter-Party-Damage to Cargo-Arbitration Clause-Arbitrator to be appointed within fixed Period-Late Appointment - Whether Submission Invalidated - Effect of Unseaworthiness on Jurisdiction.

HUNT & WINTERBOTHAM, LTD. v. MORNY & CO.

(1922) 12 Ll L Rep 286
Carriage of Goods-Forwarding Agents- Delivery of Documents to own Agents instead of named Consignee-Goods refused by Consignee after long Delay- Whether Clause excepting Responsibility applicable when specific Instructions given.

IVAR AN CHRISTENSEN v. FURNESS, WITHY & CO.

(1922) 12 Ll L Rep 288
Charter-Party-Account Stated-Rate of Exchange-Kroner Debt or Sterling Debt.

CROZIER v. THOMPSON.

(1922) 12 Ll L Rep 291
Insurance against War, Riots, &c.-Motor Car-Damage by running into Trench dug by Sinn Feiners-Proximate Cause -Road Peril or Civil Commotion.

GEORGE WILLS & SONS, LTD. v. THOMAS BROWN & SONS AND THOMAS RAPIER BROWN AND COLIN BROWN, EXECUTORS OF THE LATE THOMAS EDWARD BROWN.

(1922) 12 Ll L Rep 292
Sale of Herrings f.o.b.-Delivery in damaged Condition - Method of Packing - Reliance on Skill and Judgment of Seller.

Re ELLIS & CO. AND G. L. BEVAN.

(1922) 12 Ll L Rep 294
Bankruptcy-Validity of Pledge of Lease, &c., two days before Act of Bankruptcy.

ELLERMAN LINES, LTD. v. DUNDEE HARBOUR TRUSTEES.

(1922) 12 Ll L Rep 295

Practice-Witnesses' Expenses-Crew Kept on Shore for Trial.

NEWCASTLE-UPON-TYNE MARINE INSURANCE ASSOCIATION FOR GOODS.

(1922) 12 Ll L Rep 295

Company-Extension of Objects.

DIMETRIADES & CO. v. NORTHERN ASSURANCE CO. DIMETRIADES v. SAME. BORTHWICK v. BRITISH GENERAL ASSURANCE CO. CAMBITSIS v. NORWICH UNION FIRE INSURANCE SOCIETY.

(1922) 12 Ll L Rep 296
Marine Insurance-Loss-Claim-Ship and Cargo-Defence of fraudulent Casting Away of Ship-Breach of continuing Warranty-Concealment (Greek Interest in Ownership).

[The "Spathari."]

W. & S. POLLOCK & CO. v. DONALD MACRAE AND W. & S. POLLOCK & CO. v. DONALD MACRAE (SECOND APPEAL).

(1922) 12 Ll L Rep 299
Ship Building-Supply of Engines-Defects -Whether Conditions of Tender part of Contract-Measure of Damages.

POINT ANNE QUARRIES, LTD. v. THE SHIP "MARY FRANCIS WHALEN" AND CROSS APPEAL.

(1922) 12 Ll L Rep 304
Towage Contract-Loss of Tow-Sufficiency of Crew, Tackle and Equipment-Limitation of Liability.

A. D. AXARLIS v. "MELPO."

(1922) 12 Ll L Rep 310

Mortgage of Ship.

NATIONAL MORTGAGE & AGENCY COMPANY OF NEW ZEALAND, LTD. v. GOSSELIN AND ANOTHER.

(1922) 12 Ll L Rep 318
Service out of the Jurisdiction-Writ- Contract negotiated by Agents in England of Foreign Defendants.

OGDEN v. PARSONS & WHITTEMORE.

(1922) 12 Ll L Rep 319

Sale of Goods-Memorandum in Writing- Sufficiency.

MITROVITCH BROS. & CO. v. THE MERCHANTS' MARINE INSURANCE COMPANY, LTD.

(1922) 12 Ll L Rep 319

Production of Documents.

STEAMSHIPS "BLONDE, "PROSPER" AND "HERCULES."

(1922) 12 Ll L Rep 322

Release of Proceeds to Custodian.

"CONDOR" AND OTHERS v. "WHITWOOD," CARGO AND FREIGHT.

(1922) 12 Ll L Rep 323

Salvage Services after Collision.

"IVER HEATH" v. "NESCO."

(1922) 12 Ll L Rep 324

Collision in Walton Bay.

THE "PENNARD."

(1922) 12 Ll L Rep 327

Mortgage of Ship-Mate's Wages.

"PANAGHIS."

(1922) 12 Ll L Rep 327

Master's Wages and Disbursements.

A. R. & S. SALES, LTD. v. "KAPOLNA."

(1922) 12 Ll L Rep 328

Collision in River Thames.

THE "CEPHALONIA" & "AMBATIELOS."

(1922) 12 Ll L Rep 328

Ship's Wages, etc.-Objection of Mortgagees to Registrar's Report.

ELLIOTT STEAM TUG COMPANY, LTD. v. "CHESTER."

(1922) 12 Ll L Rep 331
Towage Services.-"Free into Berth at Llanelly"-Contract for One Tug-Two found necessary-Agreement "without Prejudice" to provide Second Tug-Consideration.

"CAMDEN" v. "IBIS."

(1922) 12 Ll L Rep 334

Collision in North Sea.

"PLADDA" v. "CHATTANOOGA."

(1922) 12 Ll L Rep 336

Collision in the Irish Sea.

FEDERAL STEAM NAVIGATION COMPANY, LTD. ("SHROPSHIRE") v. R. & H. GREEN & SILLEY WEIR, LTD.

(1922) 12 Ll L Rep 337

Negligence - Steamship damaged while undergoing Repairs.

NIGER COMPANY, LTD. v. S. A. SPREMITURA OLI VEGETALI.

(1922) 12 Ll L Rep 338
Sale of Goods (Ground Nuts)-Acceptance with Reservation of Rights-Whether binding-Arbitration-Award-Document appended to Special Case-Whether Shown to Appellants.

MUNTON & BAKER, LTD. v. BERGGREN, NOMICO & CO.

(1922) 12 Ll L Rep 340

Shipping Agents-Negligence in dealing with Cargo.

JOHN H. BAKER & CO. v. JOHN WESTON & CO.

(1922) 12 Ll L Rep 343
Sale of Goods (Wheat) part of Parcel bought by Sellers from named Vendors -Tender of Wheat acquired under Variation in Contract between Sellers and named Vendors-Trade Custom.

H. W. RENNY v. E. C. ROBSON & SONS.

(1922) 12 Ll L Rep 346

Bill of Lading-Damage to Cargo-Unseaworthiness or Perils of the Sea.

"ELLAWOOD" v. H. FORD & CO.

(1922) 12 Ll L Rep 347
Charter-Party - Dispatch Money, etc., payable in Argentina-Rate of Exchange Applicable-Effect of Argentine Law and admitted Practice as distinguished from Trade Custom.

THE KING v. LORD MAYOR OF CARDIFF.

(1922) 12 Ll L Rep 350
Jurisdiction - Production of Documents - Magistrate's Powers under Extradition Act, 1873, Section 5, and Criminal Justice Administration Act, 1914.

SKIBSAKTIESELSKABET STAALBETON v. DELFZYL STEAMSHIP CO.

(1922) 12 Ll L Rep 352
Charter-Party-Approval of Ship's Deck- Arbitration-Admissibility of Evidence.

PAYAVLAS v. BRITISH & FOREIGN MARINE INSURANCE CO., LTD. MICHALOS v. SAME.

(1922) 12 Ll L Rep 356
Marine Insurance-Loss-Claim-Defence of Wilful Casting Away of Ship

[The "Jollanda."]

STERNS, LTD. v. SALTERNS, LTD.

(1922) 12 Ll L Rep 385

Charter-Party-Capacity of Ship-Measure of Damages for Misrepresentation.

WYE SHIPPING CO., LTD. v. COMPAGNIE DU CHEMIN DE FER PARIS-ORLEANS.

(1922) 12 Ll L Rep 386
Charter-Party-Overtime of Crew payable by Charterers-Whether Stewards and Cooks part of Crew.

ATTORNEY-GENERAL v. W. HIGGS & CO., AND OTHERS.

(1922) 12 Ll L Rep 389

Bill of Lading-Title to Value of Goods from Russia.

HARRISON, SONS & CO., LTD. v. JULES CAVROY.

(1922) 12 Ll L Rep 390

Sale of Coal-Illegality of Contract-Effect of French Decrees.

SCOTTISH METROPOLITAN ASSURANCE CO., LTD. v. P. SAMUEL & CO., LTD.

(1922) 12 Ll L Rep 395
Insurance (Marine)-Claim for Return of Money paid to Brokers by Mistake on behalf of Assured-Lien of Brokers for Premiums Overdue.

FDK. WALLENBERG AND WIFE v. CUNARD STEAMSHIP CO.

(1922) 12 Ll L Rep 395

Personal Injuries-Passenger-Collapse of Cabin.

VITRUVIA STEAMSHIP CO., LTD., v. ROPNER SHIPPING CO., LTD.

(1922) 12 Ll L Rep 397

Collision in Clyde-Liability admitted- Measure of Damages.

BOGGAN v. MOTOR UNION INSURANCE CO., LTD.

(1922) 12 Ll L Rep 398
Insurance-Motor Car-Excepted Perils (Riots and Civil Commotions)-Car taken by four armed Men acting in Concert-Whether Theft or Riot.

YORKSHIRE INSURANCE CO. AND COLONIAL MUTUAL FIRE INSURANCE CO. v. THOMAS CRAINE.

(1922) 12 Ll L Rep 399
Insurance-General-Motor Cars-Time to deliver Claim-Late Claim-Waiver or Estoppel by subsequent Conduct of Underwriters.

POINT ANNE QUARRIES, LTD. v. THE SHIP "MARY FRANCIS WHALEN" AND CROSS APPEAL.

(1922) 12 Ll L Rep 404
Towage Contract-Loss of Tow-Sufficiency of Crew, Tackle and Equipment-Limitation of Liability.

CHARLES WEIS & CO., LTD. v. PETERS, RUSHTON & CO., LTD.

(1922) 12 Ll L Rep 406
Sale of Goods-Non-Delivery (or Repudiation by Buyers of Obligation to take Delivery)-Effect of Correspondence.

GRAHAM JOINT STOCK SHIPPING COMPANY, LTD. v. THE MERCHANTS' MARINE INSURANCE COMPANY, LTD.

(1922) 12 Ll L Rep 406

Marine Insurance - Scuttling - Application for Stay of Execution pending Appeal.

[The "Ioanna."]

COMITATO PORTUARIO D'IMPORTAZIONE DEI CARBONI FOSILLI DI GENOVA v. S. INSTONE & CO. (ITALY), LTD.

(1922) 12 Ll L Rep 409
Sale of Goods (Coal)-Effect of Coal Control Regulations-Control Price or agreed Price.

BECKER v. MARSHALL.

(1922) 12 Ll L Rep 413
Insurance-Burglary-Claim - Concealment -Answer to question "Have you ever sustained a Loss?" by Partnership Firm -Previous Losses sustained by Partner when trading singly-Non-Disclosure of Nationality of Partner - Duty of Reasonable Disclosure of Material Facts.

PAYNE & ROUTH v. CAIRN LINE.

(1922) 12 Ll L Rep 414

Bill of Lading-Short Delivery-Onus of Proof.

FEDERAL STEAM NAVIGATION COMPANY, LTD. ("SHROPSHIRE") v. R. & H. GREEN & SILLEY WEIR, LTD.

(1922) 12 Ll L Rep 417

Negligence-Steamship damaged while undergoing Repairs.

"RIO DE LA PLATA."

(1922) 12 Ll L Rep 417

Freight Claims.

THE "CITY OF SMYRNA."

(1922) 12 Ll L Rep 422

Repairs to Ship-Dock Dues.

"EXETER CITY" v. "SEA SERPENT"; "LONDON" v. "EXETER CITY" AND "SEA SERPENT."

(1922) 12 Ll L Rep 423

Dragging Collisions in Barry Roads.

"ARIADNE" v. "ORIO" AND FREIGHT.

(1922) 12 Ll L Rep 427

Salvage.

"FALCON" AND OTHERS v. "EXETER CITY" AND "LONDON."

(1922) 12 Ll L Rep 428

Salvage Services after Collision.

"CORCREST" v. "ULRIKKA."

(1922) 12 Ll L Rep 429

Collision in Thames Estuary.

RE THE "STENSAAS."

(1922) 12 Ll L Rep 432
Bill of Lading-Short Delivery of Cargo- Exceptions Clauses-Loss of Part Deckload -Unseaworthiness or Perils of the Sea.

THE "DIMITRIOS N. RALLIAS."

(1922) 12 Ll L Rep 434
Bill of Lading-Damage to Cargo-Unseaworthiness or Perils of the Sea-Defect in Hull: whether latent or due to want of "due Diligence."

WOLFRAM MINING & SMELTING COMPANY, LTD.

(1922) 12 Ll L Rep 437
Petition of Right-Allowance for Speeding-up Output.

PAYAVLAS v. BRITISH & FOREIGN MARINE INSURANCE CO., LTD. MICHALOS v. SAME.

(1922) 12 Ll L Rep 438
Marine Insurance-Loss-Claim-Defence of Wilful Casting Away of Ship.

[The "Jollanda."]

EDWARDS v. MOTOR UNION INSURANCE CO., LTD.

(1922) 12 Ll L Rep 445
Marine Insurance-Loss of Coal Cargo- Claim-Denial of Interest-Abandonment of Voyage-Concealment of Alteration of Destination.

[The "Gregorios."]

MITROVICH BROS & CO. v. MERCHANTS' MARINE INSURANCE COMPANY, LTD.

(1922) 12 Ll L Rep 451
Marine Insurance-Missing Ship-Claim for Value of Cargo-War or Marine Risk.

HEILBERT, SYMONS & CO., LTD. v. HARVEY, CHRISTIE-MILLER & CO.

(1922) 12 Ll L Rep 455
Sale of Goods c.i.f.-Shipment-Tender of Documents-Ship's Release instead of Bill of Lading-Trade Custom as to split parcels.

FREDK. WALLENBERG AND WIFE v. CUNARD STEAM SHIP COMPANY.

(1922) 12 Ll L Rep 455

Personal Injuries-Passenger-Fall of Berth in Cabin.

[Case Settled.]

LONDON STEAMSHIP AND TRADING CORPORATION.

(1922) 12 Ll L Rep 458

Company-Winding-up.

IN RE LIVERPOOL, BRAZIL & RIVER PLATE STEAM NAVIGATION CO., LTD.

(1922) 12 Ll L Rep 458

Company-Extension of Objects.

RUSSIAN COMMERCIAL AND INDUSTRIAL BANK.

(1922) 12 Ll L Rep 458

Company-Winding-up.

A. F. & J. C. BLACKATER v. A. F. CRAIG & CO., LTD.

(1922) 12 Ll L Rep 459
Sale of Goods-Supply of Ship's Boilers- Faulty Construction - Dejects - Claim for Damages-Counterclaim for Price.

REGINALD DOWNING HUNTER v. UNITED STATES SHIPPING BOARD.

(1922) 12 Ll L Rep 459

Ship's Necessaries-Claim by Assignee of Debt.

KATHERINE STEAMSHIP COMPANY.

(1922) 12 Ll L Rep 459

Company-Winding-up.

CRAIG v. EAGLE, STAR & BRITISH DOMINIONS INSURANCE CO. AND OTHERS.

(1922) 12 Ll L Rep 461
Insurance (Fire)-Excepted Risk (Civil Commotion) -Malicious Setting on Fire-Incomplete Evidence as to Perpetrators.

HUGHES AND OTHERS v. DUNDALK HARBOUR COMMISSIONERS.

(1922) 12 Ll L Rep 462
Harbour Commissioners-Enforcement of Compulsory Pilotage-Claim by Pilots for Damages.

P. SAMUEL & CO., LTD. v. MOTOR UNION INSURANCE CO., LTD., AND OTHERS.

(1922) 12 Ll L Rep 463
Marine Insurance-Scuttling with Privity of Owner-Application for Stay of Execution pending Appeal.

[The "Gregorios."]

GERALD McDONALD & CO. v. NASH & CO.

(1922) 12 Ll L Rep 464
Bill of Exchange-Claim by Holder (Drawer to own Order) for Value against Endorser-Bill remaining in Drawer's Possession until Maturity - Name of Drawer endorsed on Bill after Endorsement by Defendants - Liabilities inter se of successive Endorsers-Authority of Partner to bind Defendant Firm.

A. D. AXARLIS v. "MELPO."

(1922) 12 Ll L Rep 471
Mortgage of Ship-Arrest pending Appeal.

THE "RANNVEIG."

(1922) 12 Ll L Rep 472
Condemnation of Ship-Amount of Bail- -Appraisement-Available Markets.

THE "LENORA."

(1922) 12 Ll L Rep 473
Procedure-Refusal of Claimant to take Release of Vessel-Diminishing Value of Ship-Marshal's Expenses.

RE THE "AIREDALE."

(1922) 12 Ll L Rep 474

"ARDGARROCH" v. NORTH EASTERN RAILWAY CO.

(1922) 12 Ll L Rep 475

Negligence-Insecurity of Moorings.

[Case Settled.]

"LOUGHBOROUGH" v. "KONIGIN LUISE."

(1922) 12 Ll L Rep 477

Collision at Sea in Fog.

"KALIX" v. "MAQUAN."

(1922) 12 Ll L Rep 479

Collision in Manchester Ship Canal during Fog.

"KURLAND" v. "DEVENTIA."

(1922) 12 Ll L Rep 484

Collision in English Channel.

"STORMCOCK" AND "BELLE" v. "COLLINGSWORTH."

(1922) 12 Ll L Rep 486

Salvage.

JOHN TULLOCH v. "MARIONGA MARI" AND OTHERS.

(1922) 12 Ll L Rep 487
Bill of Lading-Damage to Cargo-Seaworthiness -Costs of Witnesses.

THE "CURVOS."

(1922) 12 Ll L Rep 488
Crew's Wages - Claim against Proceeds of Insurance of Ship and Cargo paid to Marshal-Valued Policy-Whether a Maritime Lien carries an Insurable Interest -Claim by Underwriters for Repayment of Balance after Marshal's Interest exhausted.

THE "VAMPA."

(1922) 12 Ll L Rep 488

THE "SPECTRUM."

(1922) 12 Ll L Rep 488

Mortgage of Ship.

MARINE & INDUSTRIAL TRUSTS, LTD., v. MERCHANTS' MARINE INSURANCE CO., LTD.

(1922) 12 Ll L Rep 489
Marine Insurance-Loss of Greek Steamship -Claim by Mortgagees-Warranties as to Percentage Values.

THE DOMINION COAL COMPANY, LTD. v. THE LORD CURZON STEAMSHIP COMPANY, LTD.

(1922) 12 Ll L Rep 490
Charter-Party-Frustration by Government Requisition-Title to Difference between Charter - Party Hire and Requisition Hire.

CHARLES HILL & SONS, LTD. v. INDEMNITY MUTUAL MARINE ASSURANCE COMPANY, LTD.

(1922) 12 Ll L Rep 493
Marine Insurance-Time Policies-Claim- Collision - Running Down Clause - Defence of Unseaworthiness.

[Case Settled.]

A. O. LINDVIG v. FURNESS, WITHY & CO., LTD.

(1922) 12 Ll L Rep 495
Principal and Agent-Breach of Warranty of Authority to charter a Ship-Measure of Damages.

McGOWIN LUMBER & EXPORT CO., INC., v. PACIFIC MARINE INSURANCE CO.

(1922) 12 Ll L Rep 496
Marine Insurance-Loss-Claim-Payment made to Brokers-Custom of Lloyd's- Brokers in Liquidation-Whether Underwriters must make second Payment to Assured.

NIGER CO., LTD. v. S. A. SPREMITURA OLI VEGETALL.

(1922) 12 Ll L Rep 497
Sale of Goods (Ground Nuts)-Acceptance with Reservation of Rights-Whether binding - Arbitration - Award Document appended to Special Case- Whether shown to Appellants.

COMMISSION INTERNATIONALE DE RAVITAILLEMENT v. HOULDER BROS. & CO., LTD.

(1922) 12 Ll L Rep 500
Bill of Lading - Short Delivery - Disputed Tallying-Legal Evidence of Shortage.

DONALD H. SCOTT & CO. v. BARCLAYS BANK, LTD.

(1922) 12 Ll L Rep 502
Bill of Exchange-Sale of Goods-Agreement to honour all Drafts-Tender of Documents - Dollar Policy against Sterling Credit-Whether Certificate of Insurance valid as Tender instead of Policy.

BRITISH BALTIC COMMERCIAL CORPORATION, LTD. v. J. V. DRAKE & CO.

(1922) 12 Ll L Rep 506
Contract-Oral Agreement to pay Compensation for Loss of Profit due to Non-Delivery of Part Goods Sold - Later Agreement in writing to pay Compensation for Non-Delivery of Different Quantity - Whether first Agreement nullified or subsisting.

GILLESPIE BROS. & CO. v. THOMPSON BROS. & CO.

(1922) 12 Ll L Rep 509
Sale of Maize-Rejection-Finality of Certificates of Quality tendered by Mistake -Arbitration-Legal Misconduct.

DEUTSCHE BANK (LONDON AGENCY) v. ARNHOLD.

(1922) 12 Ll L Rep 511
Banking-London Branch of German Bank -Bills of Exchange-Lien on Goods in China exercised-Proceeds remitted to Berlin.

Re ELLIS & CO. AND G. L. BEVAN.

(1922) 12 Ll L Rep 512
Bankruptcy-Validity of Pledge of Lease, &c., two days before Act of Bankruptcy -Transfer of Goods - Assignment of Debt.

BRITISH THOMSON-HOUSTON CO., v. CHARLESWORTH, PEEBLES & CO. AND ANOTHER.

(1922) 12 Ll L Rep 513
Patent-Incandescent Electric Lamps-Import and Export.

R. W. COOPER v. GENERAL ACCIDENT, &c., CORPORATION, LTD.

(1922) 12 Ll L Rep 514
Insurance-Theft-Exceptions as to Riot and Civil Commotion-Article stolen by Unknown Person-Onus of Proof- Inference from Facts-Place of Theft not far from Place of Insurrection.

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