i-law

Lloyd's Law Reports

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

(1923) 17 Ll L Rep 1
Bill of Lading-Damage to Cargo-Unseaworthiness or Bad Stowage - Unsuitability of Ship chartered by regular Line-Whether Hold without temporary 'Tween Deck Platform fit for particular Cargo-Exceptions Clauses.

EASTERN SHIPPING COMPANY, LTD. v. QUAH BENG KEE (THIRD PARTY).

(1923) 17 Ll L Rep 2
Procedure-Third-Party Proceedings or Independent Action-Appeal from Straits Settlements-Damage to Wharf-Indemnification of Company using Wharf when Damage was done-Liability of their Managing Director-Effect of his Private Business Relationships as Charterer.

SKIBSAKTIESELSKABET STAALBETON v. DELFZYL STEAMSHIP COMPANY.

(1923) 17 Ll L Rep 5
Charter-Party "subject to Approval of ship's Deck"-Acceptance of Ship by Charterers: whether conditional or absolute.

WILLIAMS v. MANISSELIAN FRERES.

(1923) 17 Ll L Rep 6
Chartér-Party without Ice Clause - Demurrage and Detention - Ship icebound in Danube Port-Three Loading Ports - Ship frozen in on Day after Arrival at first Loading Port-Navigation declared closed on next Day - Whether "Arrived Ship"-Berth not offered-Whether Charterers obliged to provide Berth when Ship had not obtained Pratique.

STAR PUBLIC SAW MILL COMPANY v. ROBERT BRUCE & CO., LTD.

(1923) 17 Ll L Rep 7
Sale of Goods (Timber) - Construction of Contract - Meaning of "Shipment prompt": Application to first Carload or to Whole of Goods-"Sold subject to Shipment and to Safe Arrival."

BRANDT & CO. AND F. W. VOGEL & CO. v. RIVER PLATE STEAM NAVIGATION COMPANY, LTD.

(1923) 17 Ll L Rep 8
Bill of Lading-Delay in Delivery of Goods (Zinc Ash)-Falling Market-Damages and Claim for Return of Money paid for re-conditioning Goods at Port of Shipment after being handled by Ship -Clear B/L-Estoppel.

DODD v. AMALGAMATED MARINE WORKERS' UNION.

(1923) 17 Ll L Rep 9
Trade Union-Right of Member to inspect Books through a skilled Agent-BonÆ’ fides of Application to inspect.

IN THE MATTER OF THE DESTRUCTION OF CERTAIN ARMED TURKISH VESSELS.

(1923) 17 Ll L Rep 10
Prize bounty claims-Sailing Vessels destroyed - Whether enemy-owned - Whether conveying munitions to enemy bases-Whether armed Vessels of the Enemy.

"PIONEER" v. "AUSTRALMEAD."

(1923) 17 Ll L Rep 12
Collision (Barge, in Tow, with Steamer) at Dock Entrance - Whether due to Steamer's improper Approach to Entrance or Negligence of Tug-Respective Speeds-Humber Rules, 1910-Alexandra Dock By-Laws.

THE "RIBE."

(1923) 17 Ll L Rep 12

Ship's Necessaries and Disbursements.

"LISBON MARU" v. "ELWICK."

(1923) 17 Ll L Rep 14
Collision in River Elbe-Excessive Speed in Fog-Wrong Helm Action.

THE "SPERMINA."

(1923) 17 Ll L Rep 17
Mortgage of Ship - Ship arrested as Instance of Mortgagees - Intervention by Canal Company - Dock and Canal Dues-Priorities.

"BROCKWORTH" v. "WIMBLEDON" AND OTHERS.

(1923) 17 Ll L Rep 18
Collision (Lighter and Steamer) in Dock- Sufficiency of Steamer's Moorings - Efficiency of Mooring Buoy Ring - No latent Defect in Ring-Steamer moored in unusual Position-Knowledge and Duties of Dock Company.

DEN NORSKE AFRIKA OG AUSTRALIELINIE v. P. & O. STEAM NAVIGATION COMPANY.

(1923) 17 Ll L Rep 20
Overtaking Collision in English Channel- Duty of Ship in doubt-Collision Regulations, Arts. 23, 24.

"DALEMEAD" v. "KING CITY."

(1923) 17 Ll L Rep 22
Collision in River Thames-Moving Steamer with Steamer in tow heaving up Anchors and properly exhibiting Anchor Lights.

"WAALSTROOM" v. "GRIPFAST."

(1923) 17 Ll L Rep 25
Overtaking Collision (one Ship Turning) in River Ouse-Lower Ouse Rules, 1910.

"THERESE" v. "WAALSTROOM."

(1923) 17 Ll L Rep 28
Collision in River Ouse-Both Ships moored at Jetty-Set of Tide affected by Ship aground in River-Collision following upon one Ship breaking adrift from Moorings-Subsequent Damage due to second Ship breaking adrift.

DOXFORD & SONS, LTD., v. THE CROWN.

(1923) 17 Ll L Rep 29
Shipbuilding-Payment for work done- Petition of Right-Set-off-Income Tax.

AKTIESELSKABET DAMPSKIBSSELSKABET "PRIMULA" v. HORSLEY & CO.

(1923) 17 Ll L Rep 30
Charter-Party - Freight - "Scanfin" Charter - Carriage of Pit-Props - "Cargo to be brought to and taken from alongside the steamer at charterers' risk and expense as customary"-Meaning of "Alongside" - Custom of the Port (Sunderland) - Incidence of Cost of Receiving Cargo on Quay and Stacking on Back of Quay.

SCRIMAGLIO v. THORNETT & FEHR.

(1923) 17 Ll L Rep 34
Arbitration - Jurisdiction - Construction of Arbitration Clause in Sale of Goods Contract-Chemical Trade-"Any dispute . . . to be settled by arbitration in London in the usual way"-London Contract accepted in Genoa - Clause held to provide for arbitration before two Arbitrators and, if they should differ, before an Umpire appointed by them.

BECKER & CO., LTD.

(1923) 17 Ll L Rep 36

Company-Winding-up.

LEADENHALL STEAMSHIP CO.

(1923) 17 Ll L Rep 36

LONDON STEAMSHIP & TRADING CORPORATION, LTD.

(1923) 17 Ll L Rep 36

Company-Winding-up.

J. D. INSULATING & REFRIGERATING CO. v. THOMAS ANDERSON, LTD.

(1923) 17 Ll L Rep 37
Patent-Ship Insulation and Refrigeration -Infringement-Denial-Invalidity - Prior Publication-Prior User-Want of Utility.

STEVEN LINE, LTD., v. NEDERLANDSCH AMERIKAANSCHE STOOM, MAATS.

(1923) 17 Ll L Rep 38

Collision in River Scheldt - Look-out - Improper Starboarding.

KIANGNAN DOCK AND ENGINEERING WORKS (SHANGHAI) AND OTHERS v. HOWDEN & CO.

(1923) 17 Ll L Rep 40
Contract-Supply of Boilers-Cancellation- Adjustment of Claims through Third Parties.

BIRKDALE STEAMSHIP CO. v. CIA. NAV. VASCONGADA.

(1923) 17 Ll L Rep 41
Collision-Time within which Action may be brought - Maritime Conventions Act, 1911, Sect. 8-Extension after 2 years- Defendants at Time of Collision not Subject to Jurisdiction of Scottish Courts-Arrest of any Ship belonging to Defendants to found Jurisdiction - Opportunity missed owing to want of knowledge as to Ownership of a Ship newly acquired by Defendants visiting a Scottish port.

MOSS STEAMSHIP CO. v. BOARD OF TRADE.

(1923) 17 Ll L Rep 43
Compensation under Indemnity Act, 1920- Sect. 2 (1) (b)-Claim by Charterers of Ship prevented by Government Interference for carrying out Provisions of Charter-party - Interference contemplated by Parties to Charter.

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

(1923) 17 Ll L Rep 44
Marine Insurance-Loss-Ship scuttled with Privity of Owner-Finding of Scuttling not appealed against-Claim by Mortgagees -Whether Defence of Scuttling also good against Mortgagees-Whether Scuttling a Peril of the Seas-Insurable Interest of Mortgagees - Mortgagors under Contract to Insure with Benefit to Mortgagees - Whether Mortgagees Parties to Contract of Insurance or Assignees of Policy.

P. SAMUEL & CO., LTD. v. DUMAS.

(1923) 17 Ll L Rep 47
Marine Insurance-Loss-Ship scuttled with Privity of Owner-Finding of scuttling not appealed against-Claim by Mortgagees -Whether Defence of Scuttling also good against Mortgagees-Whether Scuttling a Peril of the Seas-Causa proxima-Validity of Mortgage-Effect of Greek Law-Insurable Interest of Mortgagees-Whether Mortgagees Parties to Contract of Insurance or Assignees of Policy - Warranty in Marine Policy as to Amount of Insurance on Freight-Breach by excessive War Risk Insurance.

[The "Gregorios."]

THE DEKHARI TEA COMPANY, LTD. AND OTHERS v. INDIA GENERAL NAVIGATION & RAILWAY COMPANY, LTD.

(1923) 17 Ll L Rep 48
Carrier - Negligence - Tea destroyed by Fire while on Flat in River Brahmaputra - Goods delivered to Railway Company for Carriage by Rail previous to Shipment-Railway Company not to be liable for Loss or Damage by Fire- Goods placed on Flat for River Transport - Whether Steamship Company owning Flat Common Carriers or Sub-Contractors employed by Railway Company-Rate of Rupee-Sterling Exchange applicable to Damages.

DODD v. AMALGAMATED MARINE WORKERS' UNION.

(1923) 17 Ll L Rep 50
Trade Union-Right of Member to inspect Books through a skilled Agent-BonÆ’ fides of Application to inspect.

THE "SPERMINA."

(1923) 17 Ll L Rep 52
Mortgage of Ship-Ship arrested at Instance of Mortgages-Intervention by Canal Company - Dock and Canal Dues - Priorities-Canal Company's Right to detain and sell Vessel.

RUSSIAN VOLUNTEER FLEET v. THE CROWN.

(1923) 17 Ll L Rep 52
Contract-Use by British Government of Ships belonging to Russian "Volunteer" Shipowning Corporation - Whether Trading Company or Department of Russian Government - Whether Payment to be made and Ships to be returned to Corporation or set off against Amount due from Russian Government-Case Settled.

"THERESE" v. "WAALSTROOM."

(1923) 17 Ll L Rep 53
Collision in River Ouse-Both Ships moored at Jetty-Collision following upon one Ship breaking adrift from Moorings- Set of Tide affected by another Ship aground in River-Subsequent Damage due to second Ship breaking adrift.

"HAARFAGRE" v. "KATHE."

(1923) 17 Ll L Rep 55
Collision in North Sea-Converging Courses -Whether Overtaking Rule or Crossing Rule applicable.

"PIONEER" v. "AUSTRALMEAD."

(1923) 17 Ll L Rep 57
Collision (Barge, in Tow, with Steamer turning in River) at Dock Entrance- Whether due to Steamer's improper Turning Manoeuvres or Negligence of Tug - Respective Speeds - Humber Rules, 1910-Alexandra Dock By-Laws.

"DAISY" v. ANGLO-AMERICAN OIL COMPANY, LTD. (THE "SUTHERLAND").

(1923) 17 Ll L Rep 59
Collision in River Thames between Sailing Barge and Lighter (in tow).

ANGLO-AMERICAN OIL COMPANY, LTD. v. LEWIS.

(1923) 17 Ll L Rep 61
Load-Line-Special Case stated by Magistrate - Sect. 438-441 of Merchant Shipping Act, 1894 - Barge used to carry Oil Fuel to Vessels in River - Towed to another Port for Use there - Whether Coal taken as Ballast or Cargo -Whether Barge employed in Coasting Trade.

GARRA v. EAGLE, STAR & BRITISH DOMINIONS INSURANCE CO., LTD.

(1923) 17 Ll L Rep 61
Marine Insurance - Case Settled - Suggestion of Scuttling withdrawn.

HOME & COLONIAL STEAM FISHING COMPANY, LTD.

(1923) 17 Ll L Rep 64
Company-Winding-up-Director's Fees- Chairman-Effect of Undertaking that no Fees should be paid until Company paid Dividends-Company voluntarily wound up-Chairman's claim for Fees.

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

(1923) 17 Ll L Rep 65
Marine Insurance-Loss-Claim-Ship and Cargo-Defence of Fraudulent Casting away of Ship-Breach of Continuing Warranty-Concealment (Greek Interest in Ownership).

RIVERS STEAM NAVIGATION COMPANY, LTD.

(1923) 17 Ll L Rep 65

Company-Extension of Objects.

IN RE CLYDE MARINE INSURANCE CO. (IN LIQUIDATION).

(1923) 17 Ll L Rep 66
Company-Liquidation-Marine Insurance- Slips initialled before Liquidation- Whether valid after Liquidation- Whether Policies ought to be issued by Liquidator.

P. SAMUEL & CO., LTD. v. DUMAS.

(1923) 17 Ll L Rep 67
Marine Insurance-Loss-Ship scuttled with Privity of Owner-Finding of Scuttling not appealed against-Claim by Mortgagees -Whether Defence of Scuttling also good against Mortgages-Whether Scuttling a Peril of the Seas-Causa Proxima-Validity of Mortgage-Effect of Greek Law-Insurable Interest of Mortgagees - Whether Mortgagees Parties to Contract of Insurance or Assignees of Policy-Warranty in Marine Policy as to Amount of Insurance of Freight-Breach by excessive War Risk Insurance with same Underwriter-Waiver.

[The "Gregorios."]

(Continued from p. 48.)

IN RE DANIEL EMIL ERICKSON'S LETTERS PATENT.

(1923) 17 Ll L Rep 69
Patent-Liquid Fuel Burners-Petition for Revocation on around of Invalidity for want of Novelty, Subject-Matter and Utility-Allegations of Anticipation and Prior User-Inventive Step.

THE "TUBANTIA."

(1923) 17 Ll L Rep 71
Salvage-Trespass-Motion for Continuation of Interim Injunction to restrain new Salvors from interfering with Salvage Operations already in Progress.

WILLIAMS v. MANISSELIAN FRERES.

(1923) 17 Ll L Rep 72
Charter-Party without Ice Clause-Demurrage and Detention-Ship ice-bound in Danube Port-Three Loading Ports- Ship frozen in on Day after Arrival at first Loading Port-Navigation declared closed on next Day-Whether "Arrived Ship"-Berth not offered - Whether Charterers obliged to provide Berth when Ship had not obtained Pratique.

LOKKO v. FRED DRUGHORN, LTD.

(1923) 17 Ll L Rep 74
Claim for Value of Logs sold under Agreement - Appeal for Reduction of Damages -Market Values-Facts coming to Knowledge of Defendants' Solicitors at very late stage - No ground for new Trial.

THE "SPERMINA."

(1923) 17 Ll L Rep 76
Mortgage of Ship-Ship arrested at Instance of Mortgagees-Intervention by Canal Company-Dock and Canal Dues- Priorities.

FEDERAL STEAM NAVIGATION COMPANY, LTD. ("DEVON") v. MERSEY DOCKS & HARBOUR BOARD.

(1923) 17 Ll L Rep 76
Dock and Harbour Boards-Duties-Negligence -Ship's Propeller fouled by submerged Obstruction.

"WHITE CROSS" v. "NUTHATCH."

(1923) 17 Ll L Rep 77
Negligent Navigation-Excessive Speed in River Thames - Effect of Wash - Damage caused to moored Steamer.

"ISA" v. "PROCELLARIA."

(1923) 17 Ll L Rep 77
Salvage-French Schooner in Distress in Bristol Channel towed to Swansea- Judgment in Default of Appearance by Defendants.

"SNIA" SOCIETA DI NAVIGAZIONE INDUSTRIA E COMMERCIO v. SUZUKI & CO. AND TEIKOKU KISEN KAISHA.

(1923) 17 Ll L Rep 78
Charter-Party-Cancellation by Charterers- Claim by Charterers for Damages for Breach of Undertaking as to Seaworthiness -Breakage of Propeller Blades- Unseaworthiness or Latent Defect- Counterclaim for Hire - Seaworthiness as Condition Precedent which after Acceptance of Ship becomes a Warranty which can only be relied upon as a Claim for Damages-Breach of Undertaking in Charter-Party to maintain Ship in Seaworthy Condition entitling Charterers to cancel Charter-Party-Measure of Damages-Charterers cannot claim Damages for Loss of profitable Subcharter not brought to notice of Shipowners.

WM. H. MULLER & CO. v. L'UNIONE MARITIME OF PARIS AND OTHERS.

(1923) 17 Ll L Rep 90
Insurance (Marine)-Open Cover-"Special f.p.a. clause as attached, except in respect of damage arising prior to shipment."

HAMPTON v. CONOLLY.

(1923) 17 Ll L Rep 91
Desertion by Seamen-Merchant Shipping Act, 1894, Sect. 221-Liability for Wages of Substitute-Case Adjourned-Further Case to be stated free from Complications as to Substitutes for Substitutes.

AKTIES LABOREMUS v. STEAUA FRANCAISE SOC. ANON.

(1923) 17 Ll L Rep 92
Arbitration under Charter-Party - Legal Misconduct - Evidence (Letter of Captain, deceased before Arbitration).

RIVERS STEAM NAVIGATION CO., LTD.

(1923) 17 Ll L Rep 93

Company-Extension of Objects.

(Continued from p. 65.)

"MEREDDIO" (OWNERS OF) AND MACLAY v. FRENCH MINISTER OF MARINE.

(1923) 17 Ll L Rep 94
Collision-(Scottish Ship with French Ship in French Waters) - Jurisdiction in Scotland.

FELLOWS NORTON & CLAYTON, LTD. v. POTTER.

(1923) 17 Ll L Rep 94

Strike-Barges-Trespass.

ADAM BROS. v. BLYTHSWOOD SHIPBUILDING CO.

(1923) 17 Ll L Rep 96
Shipbuilding-Assignability of Contract to sell Ship when Completed - Terms of Resumption of Property by Sellers - Case settled.

K. SZYMANOWSKI & CO., v. ERNEST BECK & CO. LTD.

(1923) 17 Ll L Rep 97
Sale of Goods f.o.b.-Cotton on Reels- Specified Length-Delivery of Shorter Length-Condition of Contract-Buyers to accept and pay for Goods unless Notice given to Sellers within 14 days after Arrival at Destination-Meaning of Destination-Whether ultimate Destination-Place of Delivery varied by Agreement-Delivery into Warehouses-Complaint first made after Goods sent Abroad 15 months later - Whether Right to Damages nullified by Condition as to Acceptance and Payment.

BELL ASSURANCE ASSOCIATION v. LICENSES & GENERAL INSURANCE CORPORATION & GUARANTEE FUND, LTD.

(1923) 17 Ll L Rep 100
Motor Car Insurance-"Knock and Knock" Agreement between Insurance Companies-Each Company to repair Car insured by itself-Whether Agreement applicable to Car insured under invalid Policy.

BRITISH-AMERICAN TOBACCO COMPANY, LTD. v. FEAR, COLEBROOK & CO., LTD.

(1923) 17 Ll L Rep 100
Easements-Right of Wharf-owner to User of Creek and to moor his Vessels to another adjoining Wharf-Prescription Act, 1832-Lost Grant-Continuous User "As of Right" or by Consent for more than 40 (or 20) Years next before Action brought.

J. F. ROBERTSON & CO. v. A. T. JAMES & CO.

(1923) 17 Ll L Rep 102
Sale of Goods (Calcutta Hessian Cloth c.i.f.) -Rejection of Part Goods-Arbitration held in Calcutta-Award against Buyers not complied with-Action for Breach of Contract to comply with Award or Damages for Failure to pay Cash against Documents - Construction of Award.

LORDS COMMISSIONERS OF THE ADMIRALTY AND OTHER v. "STONEHENGE," CARGO AND FREIGHT.

(1923) 17 Ll L Rep 103
Salvage-Assistance by H.M. Tugs to Steamer aground in Portsmouth Harbour.

WILLIAM WATKINS, LTD. AND OTHERS v. "WIEN," CARGO AND FREIGHT.

(1923) 17 Ll L Rep 105
Salvage-Assistance by Tugs and Watermen to Steamer after Collision in River Thames.

"PITSTRUAN" v. "DEPUTE JOSSELIN DE ROHAN."

(1923) 17 Ll L Rep 107
Collision in North Sea-Steamers on Crossing Courses - Duty of Stand-on Ship when driven to act - Collision Regulations, Arts. 19, 22, 23, 27, 28 and 29.

THE "SPERMINA."

(1923) 17 Ll L Rep 109
Mortgage of Ship-Ship arrested at Instance of Mortgagees-Intervention by Canal Company-Dock and Canal Dues- Priorities-Case settled.

"KENTISH COAST" v. "TRINCULO."

(1923) 17 Ll L Rep 110

Overtaking Collision in River Mersey.

MICHALINOS & CO. v. L. DREYFUS & CO.

(1923) 17 Ll L Rep 111
Charter-Party containing Clause: "Detention by . . . Ice . . . shall not count as Lay-Days"-Demurrage and Detention-Whether Detention by Ice after loading for account of Charters or Owners.

T. LEWIS v. L. DREYFUS & CO.

(1923) 17 Ll L Rep 112
Charter-Party containing Clause: "Detention by . . . Ice . . . shall not count as Lay-Days"-Demurrage and Detention-Whether Detention by Ice after loading for account of Charterers or Owners.

MAZARAKIS BROS. v. FURNESS, WITHY & CO.

(1923) 17 Ll L Rep 113
Charter-Party-Marine or War Risk-Liability for Loss (while on Sub-Charter) of Ship in Convoy sunk by Collision with H.M. Ship patrolling in Zigzags outside Convoy-Agreement of Charterers to "hold the Owners covered against all War Risks"-Negligent Look-out of H.M. Ship.

CANADIAN PACIFIC RAILWAY COMPANY v. THE BOARD OF TRADE.

(1923) 17 Ll L Rep 114
Charter-Party - "T.99"-Depreciation of and Damage to Ship-Accumulated Repairs-"Owners to be reimbursed of any Expenses other than those ordinarily incurred in the Working of the Ship"-User during War: customary or extraordinary.

BRITISH AMERICAN TOBACCO COMPANY, LTD. v. FEAR; COLEBROOK & CO., LTD.

(1923) 17 Ll L Rep 117
Easements-Right of Wharf-owner to User of Creek and to moor his Vessels to another adjoining Wharf-Prescription Act, 1832-Lost Grant-Continuous User "As of Right" or by Consent for more than 40 (or 20) yean next before Action brought-Enjoyment nec vi, nec clam, nec precario.

STANDARD OIL COMPANY OF NEW YORK v. THE CLAN LINE STEAMERS, LTD.

(1923) 17 Ll L Rep 120
Charter-Party-Turret Ship and Cargo lost - Stability - Fitness for Voyage - Instructions as to Loading received by Owners from Builders not communicated to Master - Unseaworthiness - Effect of Harter Act.

MOSS STEAMSHIP CO. v. BOARD OF TRADE.

(1923) 17 Ll L Rep 131
Compensation under Indemnity Act, 1920- Sect. 2 (1) (b)-Claim by Charterers of Ship prevented by Government Interference from Carrying out Provisions of Charter-Party-Interference contemplated by Parties to Charter.

BRANDT & CO. AND F. W. VOGEL & CO. v. RIVER PLATE STEAM NAVIGATION COMPANY, LTD.

(1923) 17 Ll L Rep 142
Bill of Lading-Delay in Delivery of Goods (Zinc Ash)-Falling Market-Damage and Claim for Return of Money paid for re-conditioning Goods at Port of Shipment after being handled by Ship -Clean Bill of Lading-Estoppel- Rights (after paying Freight) against Shipowner of Indorsee of B/L when the whole of the Property in the Goods has not passed-Terms of Implied Contract -Prolongation or Postponement of or Deviation on Voyage.

"KENTISH COAST" v. "TRINCULO."

(1923) 17 Ll L Rep 149

Overtaking Collision in River Mersey.

(Continued from p. 110.)

THE "ZEBRINA."

(1923) 17 Ll L Rep 150
Mortgage of Ship-Order made in Default of Appearance by Shipowners for Appraisement and Sale.

"BONETTA" AND OTHERS v. "ALLEGRO."

(1923) 17 Ll L Rep 151

Collision (Sailing Barge with Steamship) in River Thames in Fog.

FEDERAL STEAM NAVIGATION COMPANY, LTD. ("DEVON") v. MERSEY DOCKS & HARBOUR BOARD.

(1923) 17 Ll L Rep 152
Dock and Harbour Boards-Duties-Negligence -Ship's Propeller fouled by submerged Obstruction-Whether absolute Warranty of Safety of Dock or Duty only to use Reasonable Care.

EQUITABLE TRUST COMPANY OF NEW YORK v. WHITTAKER.

(1923) 17 Ll L Rep 153
Insurance of Bank against Loss by taking forged Documents - Underwriter to pay only Claims in Excess of . . . dols. in Respect of each and every Loss -Contract by Bank to advance up to 100,000 dols. to be secured by Cattle Mortgages - Forged Mortgages presented in a Series-Whether one Loss or Series of Losses.

MEARNS v. HUGHES & SON.

(1923) 17 Ll L Rep 156
Shipping - Master Porterage Charges - Implied Contract for Services-Custom of the Port (Liverpool) applicable to Entire Cargoes of Spruce - Whether applicable to Discharge of Cargo of Spruce landed at Liverpool from Ship carrying other Goods for other Ports- Evidence of Custom-Watching Charges.

PACIFIC STEAM NAVIGATION COMPANY v. ANGLO-NEWFOUNDLAND DEVELOPMENT COMPANY, LTD.

(1923) 17 Ll L Rep 161
Collision in River Clyde-Signal for leaving Dock-Disposition of Tugs-Clyde Regulations Nos. 3, 18 and 19.

EASTERN SHIPPING CO., LTD. v. QUAH BENG KEE (THIRD PARTY).

(1923) 17 Ll L Rep 162
Indemnity-Third Party Procedure-Appeal from Straits Settlements-Principal and Agent-Damage to Wharf-Indemnification of Company using Wharf when Damage was done - Liability of their Managing Director - Effect of his Private Business Relationships as Charterer of Ship doing Damage.

UNITED STATES SHIPPING BOARD v. THE LAIRD LINE, LTD.

(1923) 17 Ll L Rep 162
Collision off Corsewall Point at Edge of Fog -Speeds in Fog-Appeal against Finding of Both to blame.

THE DEKHARI TEA COMPANY, LTD., AND OTHERS v. INDIA GENERAL NAVIGATION & RAILWAY COMPANY, LTD.

(1923) 17 Ll L Rep 164
Carrier-Negligence-Tea destroyed by Fire while on Flat in River Brahmaputra- Goods delivered to Railway Company for Carriage by Rail previous to Shipment -Railway Company not to be liable for Loss or Damage by Fire- Goods placed on Flat for River Transport -Whether Steamship Company owning Flat Common Carriers or Sub-Contractors employed by Railway Company.

LARSEN v. ANGLO-AMERICAN OIL COMPANY.

(1923) 17 Ll L Rep 166
Charter-Party-Insurance of chartered Norwegian Ship-Agreement to insure for Sum in Norwegian Currency-Insurance effected in Sterling - Waiver - Cover Note accepted by Brokers without Objection-Ship lost-Incidence of Loss due to Variations in Exchange-Consideration for Agreement to insure - Mistake - Commission on Estimated Freight-Whether Charterers entitled to Commission as Trustees for Brokers.

McCARTHY v. CANADIAN PACIFIC STEAMSHIPS, LTD.

(1923) 17 Ll L Rep 168
Workmen's Compensation - Latent Heart Disease aggravated by Accident-Admissibility of Medical Textbook Evidence asked for by Judge between Hearing and Judgment - Impossibility of fixing Date when incapacitated Man might be expected to do light Work.

"CLYNE ROCK" v. "GEORGE WASHINGTON."

(1923) 17 Ll L Rep 170

Collision off S. Goodwin Light-vessel - Steamers on Crossing Courses.

"COIMBRA" v. "ECHO" AND OTHERS.

(1923) 17 Ll L Rep 170
Collision - Limitation of Liability - Procedure -Absence of Affidavit in Support of Plea of no Loss of Life or Personal Injury - Plea uncontested - Decree granted.

"CONTEST" v. "AGE."

(1923) 17 Ll L Rep 172
Collision (Tug with Steamship) in Barry Roads while passing Tow-Rope-Tugs which are making fast to a Ship take upon themselves the main burden of keeping clear.

"NORMAN MONARCH" v. "GLADIATOR."

(1923) 17 Ll L Rep 174
Collision in River at New Orleans-Damage partly due to Position of Plaintiff Ship's Anchor-New Orleans Port Regulations -Port Anchor to be "cock-billed or at the hawse ready to let go"- Meaning of "at the hawse."

"JACKAL" v. "AKENSIDE."

(1923) 17 Ll L Rep 177
Collision (Tug and Barges with Steamship) in River Thames in Fog-Thames By-laws Nos. 27-29, 33, 39-42.

SCHEEPVAART EN STEENKOLEN MAATSCHAPPIJ v. TRUSTEES OF THE AIRE & CALDER NAVIGATION COMPANY.

(1923) 17 Ll L Rep 178
Dock and Harbour Authorties-Duties- Damage to Steamship after breaking away from Mooring Post-Whether absolute Warranty of Fitness of Appliances for their Purpose or Duty only to use Reasonable Care.

BRAGG v. VILLANOVA.

(1923) 17 Ll L Rep 181
Sale of Goods (Spanish Walnuts f.o.b.)- Quality-Right to reject under f.o.b. Contract-Reasonable Opportunity of Examination-Place of Inspection-Sale of Goods Act, 1893, Sect. 34, sub-s. 1.

CHARLES JOVIGNOT v. THE IMPORTERS' & EXPORTERS' MARINE INSURANCE COMPANY, LTD.

(1923) 17 Ll L Rep 182

Insurance (Marine)-Proof of Interest- Proof of Loss-Case settled.

CARAMAN, ROWLEY & MAY v. APERGHIS.

(1923) 17 Ll L Rep 183
Sale of Goods (Sultanas c.i.f.)-Claim for Rectification of Contract by Inclusion of War Clause-Custom of the Trade proved.

LAW SHIPPING CO., LTD. v. INCOME TAX COMMISSIONERS.

(1923) 17 Ll L Rep 184
Revenue-Income Tax-Cost of Repairs to ship-Expenses incurred by Purchasers Six Months after Purchase.

IN RE CLYDE MARINE INSURANCE CO. (IN LIQUIDATION).

(1923) 17 Ll L Rep 185
Company-Liquidation-Marine Insurance- Slips initialled before Liquidation- Whether valid after Liquidation - Whether Policies ought to be issued by Liquidator-Whether Liquidator may pick and choose among Obligations incurred under Slips.

ABDULLA AND CASSUM v. STAMP.

(1923) 17 Ll L Rep 186
Insurance (Marine)-Claim-Disputes under Policy to be referred to England-Jurisdiction of Indian Courts.

"VITRUVIA" STEAMSHIP COMPANY, LTD., v. ROPNER SHIPPING COMPANY, LTD.

(1923) 17 Ll L Rep 189
Collision in Clyde - Liability admitted - Measure of Damages - Docking Charges, Demurrage, &c. - Cause of Detention, whether Collision or previous Unseaworthiness-Procedure-Want of Averment or Plea regarding a Matter argued at Trial and before Inner House -Case remitted back to Court of Session.

AKTIEBOLAGET "KARIN" v. STRAUSS & CO.

(1923) 17 Ll L Rep 190
Prize - Claim by Shipowner against Charterer for Compensation for Detention at Kirkwall while Swedish Licence being obtained for Transportation of Goods.

"SAN ONOFRE" v. "MELANIE."

(1923) 17 Ll L Rep 193
Salvage Services rendered by Colliding Ship after Collision-Whether successful -Amount of Award referred to Admiralty Court Judge for Assessment.

"ITRIA" v. "KOURSK."

(1923) 17 Ll L Rep 193
Collision in Convoy - Postponement of Appeal at Request of Russian Soviet Government through Foreign Office.

CORY LIGHTERAGE, LTD. ("ULLESWATER") v. "LORD ROSEBERY."

(1923) 17 Ll L Rep 197
Collision (Dumb Barge, in Tow, and Sailing Barge in River Thames)-Seamanship- Bend in River-Duty of Stand-on Ship -Right Moment for taking Action - Port of London River By-Laws, 1914, Nos. 38 and 41.

"HOLLINSIDE" v. "PORT DENISON."

(1923) 17 Ll L Rep 198
Negligent Navigation-Collision of Steamship moored in Suez Canal with Facing of Canal-Whether caused by Excessive Speed of passing Steamer.

"BONETTA" AND OTHERS v. "ALLEGRO."

(1923) 17 Ll L Rep 199

Collision (Sailing Barge with Steamship) in River Thames.

(Continued from p. 152.)

"JACKAL" v. "AKENSIDE."

(1923) 17 Ll L Rep 201
Collision (Tug and Barges with Steamship) in River Thames in Fog-Thames By-laws Nos. 27-29, 33, 39-42 - Disputed Courses-Duty of Tug under Collision Regulations, Art. 16, to stop her Engines even though Tows might overrun her.

"QUEENFORTH" v. "ROYAL FIRTH," CARGO AND FREIGHT.

(1923) 17 Ll L Rep 204
Salvage-Small Steamer aground on Margate Sands towed into Ramsgate Harbour-Deduction from Award on Account of Collision Damage due to reckless Attempt to enter Harbour.

BYRON STEAMSHIP CO., LTD. ("MAID OF HYDRA") v. FALMOUTH DOCKS & ENGINEERING CO.

(1923) 17 Ll L Rep 206
Negligent Navigation in Harbour-Collision with Piles of Wharf-Whether Collision caused by Dock Master's improper Order.

"HATASU" v. "ALYN."

(1923) 17 Ll L Rep 208

Collision in Liverpool Bay.

"MARKSMAN" v. "FREJ."

(1923) 17 Ll L Rep 209
Salvage-Steamer aground on Hull Middle Sand assisted off and towed to Hull.

SAGACITY STEAMSHIP COMPANY, LTD. (IN LIQUIDATION), v. LUIGI GINO SALVAGNO.

(1923) 17 Ll L Rep 210
Interpleader-Title to Insurance Premiums returned-Transfer to Chancery Division.

HORSEFERRY WHARFAGE & SHIPPING COMPANY v. MACANDREWS & CO.

(1923) 17 Ll L Rep 211
Cost of Discharging Ship during Dockers' Strike-Disputed Terms of Contract.

DODD v. AMALGAMATED MARINE WORKERS' UNION.

(1923) 17 Ll L Rep 214

Trade Union-Right of Member to inspect Books through a skilled Agent.

JOHN LAYTON & CO., LTD. v. THE GENERAL STEAM NAVIGATION COMPANY, LTD.

(1923) 17 Ll L Rep 214

Bill of Lading-Loss of Part Goods carried -Construction of Exceptions Clause.

CLAIM BY SWANSEA HARBOUR TRUSTEES.

(1923) 17 Ll L Rep 216
Compensation for Use of Docking Accommodation by Warships-Loss of Earnings due to presence of Warships-Free Use of Docks by Warships under Harbours, Docks and Piers Clauses Act, 1847.

P. SAMUEL & CO., LTD. v. DUMAS.

(1923) 17 Ll L Rep 217
Marine Insurance-Loss-Ship scuttled with Privity of Owner-Finding of Scuttling not appealed against-Claim by Mortgagees -Whether Defence of Scuttling also good against Mortgagees-Whether Scuttling a Peril of the Seas - Causa Proxima-Validity of Mortgage-Effect of Greek Law-Insurable Interest of Mortgagees - Whether Mortgagees Parties to Contract of Insurance or Assignees of Policy - Warranty in Marine Policy as to Amount of Insurance of Freight-Breach by excessive War Risk Insurance with same Underwriter -Waiver.

[The "Gregorios."]

(Continued from p. 69.)

ANGHELATOS AND OTHERS v. NORTHERN ASSURANCE COMPANY.

(1923) 17 Ll L Rep 219
Procedure-Interest on Insurance Moneys paid under Judgment and refunded on Appeal-Order 28, r. I, 1 ("Slip Rule").

"HATASU" v. "ALYN."

(1923) 17 Ll L Rep 220
Collision in Liverpool Bay - Crossing Courses-Give-way Ship should not cut it very fine and run Risk of scraping across the Bows of the stand-on Ship.

THE "CHRISTEL VINNEN."

(1923) 17 Ll L Rep 221
Bill of Lading-Damage to part Cargo of Maize transhipped in Port of Refuge- Seaworthiness - Exceptions Clause - Perils of the Sea-Latent Defect- Counterclaim for General Average Expenses.

BOARD OF TRADE ("WAR PATRIOT") v. "JAMESTOWN."

(1923) 17 Ll L Rep 222
Collision in Chesapeake Bay-Bad Look-out -Alleged Absence of Lights on Plaintiff Ship.

HERMAN v. PHOENIX ASSURANCE COMPANY, LTD.

(1923) 17 Ll L Rep 224
Insurance (Fire)-Goods in Lighters later to be stored-Loss-Claim-Insurable Interest-Description of Goods-Non-Disclosure (20 sacks Wood-Wool on Premises)-Exaggerated Claim.

ADELAIDE STEAMSHIP CO., LTD., v. THE CROWN.

(1923) 17 Ll L Rep 229
Requisitioned Ship-Collision Damages- Compensation-Collision due to Warlike Operation-Assessment of Damages referred by House of Lords to King's Bench Division-Whether Crown may deduct Hire during Time Vessel under Repair-Incidence of Cost of Bunker Coals during Repairs and of Cost of Repairs to both Ships.

FRASER & WHITE, LTD. v. CRAMPTONS (SHIPBUILDERS), LTD.

(1923) 17 Ll L Rep 231
Negligence-Sinking of Barge hired to Defendants-Whether caused by Negligent Loading or due to Unseaworthiness -Warranty of Seaworthiness of all Vessels working on Salt Water-Barge raised by Defendants under Contract of which no Notice given to Plaintiffs- Claim by Defendants for Reimbursement disallowed.

PRATT v. OGILVIE.

(1923) 17 Ll L Rep 233
Contract - Construction - Shipbuilding - Yacht - "Time and Lime" Basis - Builder's Profit limited under Contract -Installation of Airship Engine instead of Marine Engine-Whether new Contract set up-Whether Builder entitled to Profit on extra Cost-Counterclaim for Defects-Waiver.

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