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CANADIAN PACIFIC RAILWAY CO. v. BOARD OF TRADE.
Charter-party-"T. 99 c."-Depreciation of and damage to ship - Accumulated repairs-"Owner to be reimbursed of any expenses other than those ordinarily incurred in running the ship"- Meaning of "ordinarily incurred" - Whether applicable to pre-requisition or post-requisition conditions.
(1925) 22 Ll L Rep 1
ATTORNEY-GENERAL v. FORSIKRINGSAKTIESELSKABET NATIONAL (OF COPENHAGEN).
Insurance-Deposit to be made by insurers under Assurance Companies Act, 1909- Whether required from foreign company carrying on fire re-insurance business in U.K. under re-insurance treaties.
(1925) 22 Ll L Rep 4
BUERGER v. CUNARD STEAMSHIP COMPANY.
Bill of lading-Loss of goods-Goods shipped to Odessa-Odessa found to be closed to navigation-Bill of lading surrendered and goods sent on to other ports - Whether fresh bill of lading contract implied-Liability excepted in original bill of lading for packages exceeding £20 in value unless declared: whether exception applicable to substituted contract-Effect upon exceptions clause of deviation from substituted voyage.
(1925) 22 Ll L Rep 6
THE "REGINA D'ITALIA."
Procedure -Price Court Act, 1915, Sect. 2- Enforcement in colonial possession of order for costs made in British Prize Court-R.S.C. Order 27, r. 4.
(1925) 22 Ll L Rep 11
THE "ARZILA" (CLAIMS OF OUACHE COHEN AND ABRAHAM & BOGANIM).
(1925) 22 Ll L Rep 12
THE "GELRIA" (CLAIM OF SAMY MONTIAS, OF MADRID).
(1925) 22 Ll L Rep 13
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THE "NORA SALIARI."
Charter-party-Onion clause-Undertaking by charterers that bills of lading should contain clause exempting shipowners from liability for damage to onions- Whether fulfilment of undertaking prevented by shipowners' servants - Charterers also shipping agents-Indemnification by charterers (third parties) of shipowners in respect of damages due to shippers of onions carried on deck- Damage by absence of tarpaulins-Seaworthiness.
(1925) 22 Ll L Rep 14
THE "LORD STRATHCONA."
Mortgages of ship while under charter - Validity - Whether actual notice of charter-party given to mortgagees.
(1925) 22 Ll L Rep 16
THE "KELSOMEAD."
Collision damages-Objection to Registrar's report-Loss of time due to injury to thrust shaft-Whether injury caused by collision-Onus of proof.
(1925) 22 Ll L Rep 17
THE "DISKUS."
Collision in River Humber-Defendant ship at anchor - Whether improperly anchored and allowed to sheer or whether under-way ship carried across stem of anchored ship by wind and tide.
(1925) 22 Ll L Rep 21
PEARCE v. PATMORE AND ANOTHER.
Alleged misrepresentation - Purchase of shares in coal and shipping company - Irrelevant and inconclusive findings by jury - Disagreement by jury as to further question put-Statute of Frauds Amendments Act, 1828, Sect. 6-"Reckless statements"-No judgment given.
(1925) 22 Ll L Rep 24
LONDON & ROCHESTER BARGE COMPANY, LTD. v. THE COMPANY OF PROPRIETORS OF THE LOWER NAVIGATION OF THE RIVER MEDWAY.
River-Conservancy-Damage to barge by striking on piles River Medway - Responsibility of conservancy board.
(1925) 22 Ll L Rep 27
ZACHARIASSEN v. LONDON GENERAL INSURANCE COMPANY, LTD.
Contract - Construction of agreement by several underwriters to be bound by result of defended marine insurance action-Interest due under Judgments Act, 1838, at 4 per cent. on amount adjudged for principal and interest- Liability of contracting underwriters to pay not only their proportion of interest awarded by judgment but also interest added by statute.
(1925) 22 Ll L Rep 29
WILLIAMS v. R. J. THOMAS & CO., LTD.
Shipmaster-Wages-Deduction made by shipowners of amount paid by shipowners in respect of goods placed on ship in error-Goods sold by master under authority of shipowners' local superintendent-Monthly bonus agreed to be given to masters running ships without accident - Whether deductable in respect of accident while ship under compulsory pilotage.
(1925) 22 Ll L Rep 31
IN RE CITY EQUITABLE FIRE INSURANCE COMPANY.
Company-Liquidation-Title to benefit of guarantees given by company in liquidation when taking over shares in second company (also in liquidation).
(1925) 22 Ll L Rep 33
HOWLETT & CO. v. HARVIE.
Contract - Hire of barges - Barges to be put alongside ship very soon upon tide flowing when contract made - High water about 1 p.m. - Contract concluded about midday - Barges alongside about 5 p.m. - Held to be too late.
(1925) 22 Ll L Rep 34
THE "SAINT EANSWYTHE."
Collision between barges in canal-Attempt to pass barge moored second bottom out - Breach of conservancy regulations in so mooring-Action by owners of inside barge against both passing barge and outside barge - Judgment for plaintiffs against passing barge.
(1925) 22 Ll L Rep 34
CLAN LINE STEAMERS, LTD. v. BOARD OF TRADE.
Compensation-Interference with claimants' business-Indemnity Act, 1920- Ship in hands of repairers for permanent repairs-Temporary repairs only allowed by Board of Trade-Permanent repairs, deferred until after end of war.
(1925) 22 Ll L Rep 35
AMERICAN TOBACCO COMPANY v. GUARDIAN ASSURANCE COMPANY; SOCIETE ANONYME DES TABACS D'ORIENT ET D'OUTRE MER v. ALLIANCE ASSURANCE COMPANY.
Insurance-Fire-Perils excepted in policy: inter alia hostilities, warlike operations, or incendiarism directly connected therewith -Fire at Smyrna when occupied by Turkish forces after evacuation by Greeks-Disputed cause of origin-Onus.
(1925) 22 Ll L Rep 37
VAN NIEVELT GOUDRIAAN STOOMVAART MAATSCHAPPIJ v. C. A. FORSLIND & SON, LTD.
Charter-party - Demurrage - "Arrived ship"-Lay days-West Hartlepool- Discharge only possible in dock on to quay or on to wagons on quay-Delay in waiting for a discharging berth- Cargo to be discharged "according to the custom of the ports at not less than the average rate of 100 fathoms per weather working day" - Obligation of charterers to pay demurrage after number of days obtained by dividing fathoms of cargo by 100.
(1925) 22 Ll L Rep 49
THE "CLARA CAMUS."
Collision off Newfoundland in dense fog- Both vessels found to blame for excessive speed-Effect upon responsibility for proceeding at high speed through fog of the sending out of a W/T message without address but intended for all ships in the vicinity giving position and course of transmitting ship and asking other ships on her course to declare their positions.
(1925) 22 Ll L Rep 53
THE "GAUPEN."
Lien-Vessel under repair-Possessory lien of shipwrights - Application for leave to move vessel from dry dock to wet dock with preservation of possessory lien refused.
(1925) 22 Ll L Rep 57
GUARANTY TRUST COMPANY OF NEW YORK v. VAN DEN BERGHS, LTD., AND OTHERS.
Contract - Guarantee by defendants to plaintiffs of payment for advances made by plaintiffs under letter of credit- Disputed conditions of guarantee.
(1925) 22 Ll L Rep 58
IN RE BLYTH SHIPBUILDING & DRY DOCKS CO., LTD.
Company-Winding-up-Jeopardy of assets.
(1925) 22 Ll L Rep 62
HARRISON, ROBINSON & CO. v. MARSHALL, LITTLE & SON.
Bill of lading-Claim for damages for wrongful refusal to deliver timber cargo at Liverpool upheld-Construction of clause: "Cargo to be delivered at ship's rail, all other charges as carrying-back, &c., at receiver's account" - Incidence of charges for master porterage-Refusal by ship's agents to permit cargo to leave quay until assurance given that master porterage charges would be paid-Refusal made before master porterage work completed-Whether shipowner's lien under bill of lading and at common law applicable to master porterage charges.
(1925) 22 Ll L Rep 63
THE "NELL JESS."
Salvage-Disabled sailing vessel assisted by lifeboat into Margate Harbour, blown out again and towed in by motor-boat.
(1925) 22 Ll L Rep 63
MACKENZIE BROTHERS AND OTHERS v. THE ADMIRALTY.
Compensation-Interference with ousiness- Emergency legislation-Distillery taker, possession of by Admiralty for war purposes-Assessment of loss of profits- Whether to be based on profits which could have been earned owing to abnormal prices obtainable during period premises taken by Admiralty or on pre-requisition profits-Indemnity Act, 1920, Sect. 2 (2) (iii) (b) and Schedule, Part II.
(1925) 22 Ll L Rep 65
BEATTIE, CHILD & CO., LTD., AND W. B. BEATTIE v. GLOBE & RUTGERS FIRE INSURANCE COMPANY OF NEW YORK, AND MALONE.
Insurance broker or underwriting agent- Commission-Construction of agreement by insurers to pay commission to broker or agent-Whether commission due on business placed (by assured introduced by broker or agent before termination of agreement) with insurers after termination of agreement.
(1925) 22 Ll L Rep 70
AKTIEBOLAGET NORDISKA LLOYD v. J. BROWNLIE & CO. (HULL), LTD.
Charter-party-Construction of cancelling clause: "Charterers to have the option of cancelling . . . if she is not ready from any clause on or before Apr. 3 at 6 a.m."-Whether notice of readiness to load of arrived ship necessary before option to cancel arises-"If steamer . . . prevented from entering . . . by . . . congestion . . . to be treated as a ready steamer."
(1925) 22 Ll L Rep 79
THE "KATHLEEN."
Negligent navigation-Limitation of liability-Claim opposed-Allegation of defective condition of ship's engines with privity of claimants.
(1925) 22 Ll L Rep 80
"THE KURLAND."
Collision in River Thames-Turning manoeuvres of defendant ship-Turning signal-Place of turning-Look-out- Disputed speeds-Finding of both vessels to blame-Port of London River By-laws, 1914, Arts. 23 and 34.
(1925) 22 Ll L Rep 87
THE "STREAM FISHER."
Collision damages-Appraisement and sale of ship-Ownership of ship's compass.
(1925) 22 Ll L Rep 90
THE "MILLOM CASTLE."
Salvage-Motor sailing ketch brought into Pwllheli harbour.
(1925) 22 Ll L Rep 91
THE "TYNE PRINCE."
(1925) 22 Ll L Rep 92
SOCIETE MARITIME AUXILIARE DE TRANSPORTS v. AFRICAN & EASTERN TRADE CORPORATION, LTD.
Charter-party-Claim for "dead freight"- Counterclaim for failure to load a full and complete cargo-Amount of bunker coal carried: whether reasonable- Ship sent to one of three alternative African up-river ports and there loaded to extreme draught enabling her to pass down and out of river in safety- Whether charterers obliged to provide cargo at other up-river ports.
(1925) 22 Ll L Rep 94
REDERI AKTIEBOLAGET AEOLUS v. W. N. HILLAS & CO., LTD.
Charter-party-Unloading-Timber cargoes at Hull-Custom of port-"Scanfin" charter-"Cargo to be . . . taken from alongside the steamer at charterer's risk and expense as customary"-Incidence of cost of manual labour in carrying timber from ship's bulwarks to bogies.
(1925) 22 Ll L Rep 97
M'LEAN v. J. & J. DENHOLM.
Workmen's Compensation Acts, 1906-1923- Ship's carpenter-Notice of accident not given to owners by captain-Action brought with undue haste-Workman not prejudiced by delay-Discretion of arbitrator-Workman deprived of costs - Whether discretion exercised judicially.
(1925) 22 Ll L Rep 99
LA CIE. DES CHEMINS DE FER DE PARIS A LYONS ET A LA MEDITERRANEE v. GREAT WESTERN RAILWAY COMPANY.
Negligence-Action for damage to ship while loading coal at chute-Counterclaim for damage to chute owing to negligent moving of ship-Whether shipowners responsible for acts of trimmers (independent contractors).
(1925) 22 Ll L Rep 101
THE "WILLIAM MITCHELL."
Collision between sailing vessel in Skager Rack-Plaintiff ship close-hauled on port tack - Defendant ship running free - Defective look-out on give-way ship.
(1925) 22 Ll L Rep 108
THE "FIUME-L."
Collision in Singapore Roads - Plaintiff steamer at anchor-Defendant steamer moving slowly after heaving up anchor.
(1925) 22 Ll L Rep 111
GUARANTY TRUST COMPANY OF NEW YORK v. VAN DEN BERGHS, LTD., AND OTHERS.
(1925) 22 Ll L Rep 112
PINCUS v. SIMMONS.
Insurance-Burglary and theft-Jeweller's policy-Claim for loss of jewels-Defence of fraud and/or over-valuation.
(1925) 22 Ll L Rep 124
NELSON & SON v. MACFIE & SONS.
Ship - Unloading - Master porterage charges-Liverpool-Mersey Docks & Harbour Board Regulations-Percentage deduction allowed on "sugar forming entire cargo of importing vessel" -Meaning of "entire cargo"- Two-thirds of cargo unloaded at Antwerp-Remaining third unloaded at Liverpool: whether an entire cargo.
(1925) 22 Ll L Rep 135
BYRON v. COMPAGNIE GENERALE TRANSATLANTIQUE.
Procedure-Poor person's action-Action by passenger on French ship against French shipowners for breach of contract -Passage from Cuba to France- Order admitting plaintiff to sue in forma pauperis discharged because of conflict with order for security previously made and confirmed in Court of Appeal-Appeal against discharge of order upheld in Court of Appeal- Wille v. St. John , [1910] 1 Ch. 701, followed.
(1925) 22 Ll L Rep 137
ITALIAN DELEGATION ON WHEAT SUPPLIES v. CERTAIN EXPORTING HOUSES.
Contract-Uncertainty-Sale of goods (grain)-Whether arbitration clause incorporated in contract of sale.
(1925) 22 Ll L Rep 139
TWIDALE v. LONDON & NORTH-EASTERN RAILWAY COMPANY.
Workmen's Compensation Acts, 1906-1923 -Dock labourer in casual employment of railway company-Ascertainment of average weekly earnings.
(1925) 22 Ll L Rep 143
HUNTER v. STADTTISCHE HOCHSEEFISHEREI GEMEINNUTZIGE GESELLSCHAFT M.B.H.
(1925) 22 Ll L Rep 148
RICHARDSON v. ARMY, NAVY & GENERAL ASSURANCE ASSOCIATION.
(1925) 22 Ll L Rep 148
THE "REGINA D'ITALIA."
Procedure-Prize Court Act, 1915, Sect. 2- Enforcement in colonial possession of order for costs made in British Prize Court-R.S.C. Order 27, r. 4.
(1925) 22 Ll L Rep 149
THE "WILHELMINA" (NAAMLOOZE MAATSCHAPPIJ DE KOTTER AND OTHERS v. H.M. PROCURATOR-GENERAL).
Detention of Dutch trawler in Icelandic waters-Claim for damages for detention - Whether belligerents' right reasonably exercised-Foodstuffs (fish) and cod livers-Whether destined ultimately for enemy market.
(1925) 22 Ll L Rep 150
THE "HATCHMERE."
Collision off Bardsey Island-Bad look-out on defendant ship.
(1925) 22 Ll L Rep 153
THE "VIZMA."
Negligence-Ship at berth-Damage to ship -Whether caused by uneven berth or by defects in ship making her incapable of taking the ground in safety.
(1925) 22 Ll L Rep 156
THE "EVVIVA."
Collision between hopper and steamer in River Thames-Disputed courses and signals.
(1925) 22 Ll L Rep 158
THE "JOLLY FRANK."
Salvage or towage services rendered by tug to small disabled steamer during heavy weather in English Channel.
(1925) 22 Ll L Rep 161
S. M. BULLEY & SON v. BRITISH & AFRICAN STEAM NAVIGATION COMPANY, LTD.
Bill of lading-Damage to cargo by sea-water -Leakage from ballast tank through rivet holes into cargo space- Whether defective condition of rivets due to unseaworthiness of ship or caused by straining in heavy weather- Latent defect-Reasonable care-Shipowner protected by terms of bill of lading.
(1925) 22 Ll L Rep 162
NISSEN v. QUEENBOROUGH CONSTRUCTION COMPANY, LTD.
Contract-Agreement to act as shipwright company's manager - Construction - Salary.
(1925) 22 Ll L Rep 165
HERZFELD v. RUSSIAN VOLUNTEER FLEET.
Jurisdiction-Enforcement of foreign judgment -Russian Consular Court at Constantinople -Whether a Court of competent jurisdiction in June, 1921- Authority of two directors of Russian Volunteer Fleet to enter into binding contracts on behalf of their whole board of directors.
(1925) 22 Ll L Rep 166
REDERI AKTIEBOLAGET AEOLUS v. W. N. HILLAS & CO., LTD.
Charter-party-Unloading-Timber cargoes at Hull-Custom of port-"Scanfin" charter-"Cargo to be . . . . taken from alongside the steamer at charterer's risk and expense as customary"-Incidence of cost of manual labour in carrying timber from ship's bulwarks to bogies.
(1925) 22 Ll L Rep 168
CROUDACE v. ANNANDALE STEAMSHIP CO.
Shipmaster-Contract of service-Construction -Shares in employers' company- Disposal of shares on dismissal of master.
(1925) 22 Ll L Rep 171
MILTON v. YASUDA.
Negotiable instruments-Cheque-Payment of rent to landlord's agents by crossed cheque-Cheque endorsed by agents to order of landlord, posted to landlord and stolen in post-Receipt for rent sent by agents to tenant-Crossing of cheque obliterated - Payment negligently made to thief's messenger by bank - Presumption that a cheque is given and taken by way of conditional payment only - Condition that debt is deemed to be paid when cheque delivered subject to payment being defeated if cheque dishonoured upon due presentation-Whether cheque duly presented.
(1925) 22 Ll L Rep 172
H. A. BRIGHTMAN & CO. v. BUNGE Y BORN.
Charter-party-Demurrage-Cargo of wheat and/or maize and/or rye - Whether loading delayed by strike and/or wheat export prohibitions-Obligation to load alternative cargo-Reasonable time to make alternative arrangements-"Ca' canny movement": whether obstruction on a railway.
(1925) 22 Ll L Rep 175
UNION-CASTLE MAIL STEAMSHIP COMPANY, LTD. v. SENA SUGAR ESTATES, LTD.
Contract-Breach-Agreement to ship all defendants' sugar shipped from Beira by plaintiffs' steamers-Whether sugar shipped at Chinde and carried to Beira by lighters, &c., under through bill of lading and thence transhipped into ocean steamer covered by agreement.
(1925) 22 Ll L Rep 176
SEDGWICK COLLINS & CO., LTD. (JUDGMENT CREDITORS) v. THE ROSSIA INSURANCE COMPANY, OF PETROGRAD (EMPLOYERS' LIABILITY ASSURANCE CORPORATION, LTD., GARNISHEES).
Garnishee-Russian company as judgment debtors-Judgment postponed.
(1925) 22 Ll L Rep 177
CONTROLLER OF THE CLEARING OFFICE v. WEIR & CO.
Emergency legislation-Enemy debts-English buyer debtor and German seller creditor-Payment for goods shipped- Goods delivered ex ship and dealt with by buyer but documents of title not taken up because of outbreak of war- Principal debt admitted but payment of interest disputed-Whether interest due - Decision of Joint Clearing Offices made under Treaty of Versailles, Art. 296: whether enforceable in absence of appeal to Mixed Arbitral Tribunal.
(1925) 22 Ll L Rep 178
GLICKSMAN v. LANCASHIRE AND GENERAL ASSURANCE COMPANY.
Insurance - Burglary - Claim - Defence of misrepresentation and concealment - Construction of question put to assured in proposal form and answer thereto- Proposal made in name of partnership firm - Whether question therein addressed to firm as to previous history of firm or of individual partners.
(1925) 22 Ll L Rep 179
FENTON v. OWNERS OF SHIP "KELVIN."
Workmen's compensation-Ship's engineer- Incapacity due to exposure after shipwreck -Latent injury-Latency a reasonable cause for workman's delay in giving notice.
(1925) 22 Ll L Rep 184
GUARANTY TRUST COMPANY v. VAN DEN BERGHS, LTD.
Contract - Guarantee by defendants to plaintiffs of payment for advances made by plaintiffs under letter of credit-Disputed conditions of guarantee-Application for extension of time for appeal.
(1925) 22 Ll L Rep 190
THE "SAMNANGER."
Salvage - Services rendered to steamer aground off Cuba - Risk to salving vessel in out-of-the-way rocky place badly charted.
(1925) 22 Ll L Rep 193
THE "ATLANTIC."
Salvage - Abandoned timber-laden motor ship towed from near the Sunk into River Stour by salvage tug-Supplementary services by pilots.
(1925) 22 Ll L Rep 196
THE "ST. NICHOLAI."
Negligent navigation-Damage to pier caused by ship grounding near pier and breaking up after refusing assistance from local craft.
(1925) 22 Ll L Rep 201
THE "AMBATIELOS."
Mortgage of ship-Default-Sale of ship- Payment out of proceeds.
(1925) 22 Ll L Rep 203
THE "ASRA."
Collision in Cardiff entrance channel-Negligence of plaintiff ship in angling across the river - Contributory negligence of defendant ship in failing to hang back by engine action-Apportionment 3 4 : 1 4 .
(1925) 22 Ll L Rep 204
THE "OCEAN ANGLER."
Collision in Yarmouth Harbour-Negligence of defendant ship in coming down-river stern first, grounding and swinging across channel.
(1925) 22 Ll L Rep 207
BANCO DE BARCELONA v. UNION MARINE INSURANCE CO.
Marine insurance-Loss of cargo-Claim by cargo-owners-Allegation by defence of scuttling with connivance of cargo-owners .
(1925) 22 Ll L Rep 209
PINCUS v. SIMMONS.
Insurance-Burglary and theft-Jeweller's policy - Claim for loss of jewels - Defence of fraud and/or over-valuation .
(1925) 22 Ll L Rep 226
CONTINENTAL CONTRACTORS, LTD., AND ANOTHER v. MEDWAY OIL AND STORAGE COMPANY, LTD.
Sale of goods-Contract for delivery of kerosene by instalments - Repudiation by buyers on ground of delay in delivery of first instalment - Whether delivery postponed at request of buyers .
(1925) 22 Ll L Rep 229
SUMMERS v. PENNELL & SONS.
Employers' Liability Act, 1880-Injury to stevedore while loading ship-Allegation of negligent method of loading disproved.
(1925) 22 Ll L Rep 234
IN RE HOOK ANTHRACITE COLLIERY COMPANY, LTD.
(1925) 22 Ll L Rep 234
PACIFIC STEAM NAVIGATION CO. ("ORITA") v. MERSEY DOCKS & HARBOUR BOARD.
Negligence-Duties of Harbour Board (Mersey) as to dredging channel- Damage to ship-Whether caused by striking wreckage in buoyed and dredged channel or striking revetment bounding channel.
(1925) 22 Ll L Rep 235
LORD STRATHCONA STEAMSHIP COMPANY, LTD. v. DOMINION COAL COMPANY, LTD.
Charter-party - Frustration - Notice of charter to new owners of chartered ship-Vessel chartered (before building) for long term with option to continue; requisitioned during war; and sold to successive buyers during period of charter-Whether charter frustrated by requisition and/or war conditions - Whether notice of charter given to successive buyers-Whether privity of contract between original charterers and successive buyers.
(1925) 22 Ll L Rep 237
HUNTER v. STADTTISCHE HOCHSEEFISCHEREI GEMEINNUTZIGE GESELLSCHAFT M.B.H.
Workmen's Compensation Acts, 1906-1923- Injury to coal trimmer by falling through hatchway of ship - Claim against German shipowner - Jurisdiction - Notice served abroad by registered post.
(1925) 22 Ll L Rep 240
BYRON v. COMPAGNIE GENERALE TRANSATLANTIQUE.
Procedure-Poor person's action-Action by passenger on French ship against French shipowners for breach of contract -Passage from Cuba to France- Order admitting plaintiff to sue in forma pauperis discharged because of conflict with order for security previously made and confirmed in Court of Appeal - Order recalled - Further appeal.
(1925) 22 Ll L Rep 244
GUARANTY TRUST COMPANY OF NEW YORK v. VAN DEN BERGHS, LTD., AND OTHERS.
Contract - Guarantee by defendants to plaintiffs of payment for advances made by plaintiffs under letter of credit - Disputed conditions of guarantee - Application for extension of time for appeal .
(1925) 22 Ll L Rep 246
THE "FIUME-L."
Collision in Singapore Roads-Plaintiff steamer of anchor-Defendant steamer moving slowly after heaving up anchor .
(1925) 22 Ll L Rep 247
THE "LORD STRATHCONA." OLD COLONY TRUST COMPANY v. OWNERS OF "LORD STRATHCONA" AND HER FREIGHT. (DOMINION COAL COMPANY, INTERVENERS.) THE DOMINION COAL COMPANY v. LORD STRATHCONA S.S. COMPANY, LTD., AND OTHERS.
Charter-party - Whether subsisting after sale of ship to successive buyers - Whether notice given to successive buyers.
(1925) 22 Ll L Rep 249
THE "LATALF."
Mortgage of ship-Repairs-Necessaries- Confirmation of Registrar's report- Priorities.
(1925) 22 Ll L Rep 251
THE "THEODOROS."
Collision in River Thames-Plaintiff ship waiting for berth - Defendant ship turning.
(1925) 22 Ll L Rep 252
"THE MILLER."
Collision in River Thames between tug and motor barge-Barge leaving dock-Tug passing dock entrance-Excessive speeds -Bad look-out-Both to blame.
(1925) 22 Ll L Rep 254
E. M. DOWER & CO. v. CORRIE, MACCOLL & SON, LTD.
Arbitration - Practice - Circumstances in which award will be remitted when new evidence obtained after arbitration- Such evidence must be unobtainable by the exercise of due diligence before the arbitration.
(1925) 22 Ll L Rep 256
CONTINENTAL CONTRACTORS, LTD., AND ANOTHER v. MEDWAY OIL AND STORAGE COMPANY, LTD.
Sale of goods - Contract for delivery of kerosene by instalments - Repudiation by buyers on ground of delay in delivery of first instalment - Whether delivery postponed at request of buyers .
(1925) 22 Ll L Rep 260
SCALES v. THE ATALANTA STEAMSHIP COMPANY OF COPENHAGEN (IN THE NAME OF ANDORSEN, BECKER & CO., LTD.).
Revenue Income tax-Assessment of agent on interest on moneys banked for foreign principals by agent in England of Danish shipowners.
(1925) 22 Ll L Rep 269
MURPHY v. FAIRFIELD SHIPBUILDING & ENGINEERING CO., LTD.
Employers' liability - Riveter employed in shipbuilding-Noxious fumes from rivet-heating fires in confined spaces - Liability of employers under statute or at common law (Scotland).
(1925) 22 Ll L Rep 271
IN RE MITCHEL STEAMSHIP CO., LTD.
Company-Application to restore name to the register of joint stock companies.
(1925) 22 Ll L Rep 271
IN RE THE CLYDE INDUSTRIAL TRAINING SHIP ASSOCIATION.
Charitable association-Training ship society - Winding-up - Disposal of assets and income.
(1925) 22 Ll L Rep 272
REAVIS v. CLAN LINE STEAMERS AND ANOTHER.
Collision-Assessment of damages-Personal injuries - Loss of effect - Loss by proprietor of orchestra of profits and prospective profits on account of loss of lives of members of orchestra-Action per quod servitium amisit.
(1925) 22 Ll L Rep 273
THE "CITOS."
Salvage-Claim by master, officers and crew of statutory lighthouse authority's relief steamer-Whether crew under same statutory duties as authority-Removal of salved ship from fairway-Whether any services rendered outside statutory duty.
(1925) 22 Ll L Rep 275
THE "AMERICAN MERCHANT."
Collision in River Thames - Disputed courses-Evidence tendered and rejected of automatic record of movements of gyroscopic compass on defendant ship.
(1925) 22 Ll L Rep 279
CONTROLLER OF THE CLEARING OFFICE v. ANDREW WEIR & CO.
Emergency legislation - Enemy debts - English buyer debtor and German seller creditor-Payment for goods shipped-Goods delivered ex ship and dealt with by buyer but documents of title not taken up because of outbreak of war-Principal debt admitted but payment of interest disputed-Whether interest due-Decision of Joint Clearing Offices made under Treaty of Versailles, Art. 296: whether enforceable in absence of appeal to Mixed Arbitral Tribunal .
(1925) 22 Ll L Rep 280
GUARANTY TRUST OF NEW YORK v. VAN DEN BERGHS, LTD., AND OTHERS.
Contract-Guarantee by defendants to plaintiffs of liabilities for advances made to sellers of goods under irrevocable confirmed banker's credit-Construction of terms of guarantee-Consideration- Waiver.
(1925) 22 Ll L Rep 286
THE "ARGALIA."
Collision in dock at Avonmouth-Plaintiff steamer moored at berth-Defendant steamer moving from berth in tow through passage between plaintiff steamer and another ship-Damage by rubbing.
(1925) 22 Ll L Rep 288
THE "LINKMOOR."
Collision in North Sea between schooner and steamer-Alteration of course by both ships-Failure of schooner to keep course and speed-Failure of steamer to blow helm signal-Finding of both to blame (four-fifths and one-fifth).
(1925) 22 Ll L Rep 292
THE "MAX WEIDTMAN."
Alleged collision in Millwall Dock between dumb barge and steamer - Failure to prove contact.
(1925) 22 Ll L Rep 294
THE "LADY MARTIN."
Collision in River Thames-Plaintiff steamer anchored in fog at bend of river - Defective look-out on defendant steamer.
(1925) 22 Ll L Rep 296
THE "IDOMENEUS."
Salvage-Large disabled steamer towed 90 miles into Port Sudan.
(1925) 22 Ll L Rep 299
GASTON, WILLIAMS & WIGMORE, INC. v. ATTORNEY-GENERAL.
Indemnity Act, 1920-Effect of Sect. 1 (1) (d) on arbitration proceedings before Board of Arbitration set up by Proclamation of Aug. 3, 1914, under Defence of the Realm Regulations 39 BBB (3).
(1925) 22 Ll L Rep 300
LLOYD TRANSOCEANICO v. E. S. HODGSON, LTD.; LLOYD ITALO-AMERICANO v. SAME.
Counterclaim for moneys due under insurance policies-Undefended.
(1925) 22 Ll L Rep 305
DUNN v. NELSON STEAM NAVIGATION COMPANY, LTD.
Negligence-Fall of stevedore through hatchway into ship's hold-Negligence disproved.
(1925) 22 Ll L Rep 306
THE LAKES & ST. LAWRENCE TRANSIT COMPANY v. THE NIAGARA, ST. CATHERINE'S & TORONTO RAILWAY COMPANY.
Negligence - Collision in canal (Canada) between steamer and swing bridge - Whether due to faulty management of bridge or to negligent navigation of steamer.
(1925) 22 Ll L Rep 307
THE "MOLESEY."
Collision off the Lizard in fog-Objection to Registrar's report-Plaintiff ship lost- Whether lost through collision damage or because of absence of reasonable efforts to save the ship.
(1925) 22 Ll L Rep 309
THE "FARABY."
Charter-party-Demurrage at loading port and port of discharge-Pit props to be loaded at average rate of 100 fathoms per weather-working day and discharged with customary steamship dispatch according to custom of respective ports-Delay at loading port: whether due to strike-Ship ordered to River Tyne-"Arrived ship"-Delay in discharge: whether due to bad stowage.
(1925) 22 Ll L Rep 312
THE "ANGLO EGYPTIAN."
(1925) 22 Ll L Rep 314
THE "PHYLLIS HUDSON."
Salvage-Motor-ship stranded on sands off Ramsgate towed by tug into Ramsgate Harbour-Assistance by crew of lifeboat.
(1925) 22 Ll L Rep 315
BANCO DE BARCELONA v. UNION MARINE INSURANCE CO.
Marine insurance-Loss of cargo-Claim by Spanish bank as cargo-owners-Allegation by defence of scuttling with connivance of cargo-owners-Inferences from financial position of bank; doubtful sale of insured goods to consignee by nominee of bank at price higher than market price; absence of corroborative evidence of sea-damage to ship; and from evidence of divers as to inlet valves found open-Onus of proof.
(1925) 22 Ll L Rep 317
W. H. & F. J. HORNIMAN & CO., LTD. v. HILL, BREWER & JENKINS, LTD.
Brokers - Insurance brokers - Insurances effected by outside brokers holding themselves out as brokers at Lloyd's but in fact employing Lloyd's brokers to transact business for them at Lloyd's-Endorsement on policy requesting that claims should be paid to outside brokers - Insurance moneys collected by Lloyd's brokers and set off in account with outside brokers when latter apparently in financial difficulties -Action against Lloyd's brokers for money had and received-Judgment for plaintiffs.
(1925) 22 Ll L Rep 333
F. C. BRADLEY & SONS, LTD. v. FEDERAL STEAM NAVIGATION COMPANY, LTD.
Bill of lading-Damage to cargo-"Brown heart" in apples-Whether caused by absence of ventilation or by inherent vice.
(1925) 22 Ll L Rep 336
IN RE BLACK SEA & BALTIC INSURANCE COMPANY, LTD.
(1925) 22 Ll L Rep 342
IN RE UNITED MOTOR & GENERAL INSURANCE CO.
Company - Liquidation - Value of accident insurance policy - Whether issue of policy accident insurance business within meaning of Sect. 1 (c) of Assurance Companies Act, 1909, or whether in ascertaining value regard should be had to circumstances happening after winding-up.
(1925) 22 Ll L Rep 343
STEWART v. RICHARDSON, DUCK & CO., LTD., AND OTHERS.
(1925) 22 Ll L Rep 343
LEWIS AND OTHERS v. CLAN LINE.
Collision-Limitation of liability (Scotland) - Costs of lodging life and personal injury claims - Undertaking previously given to claimants in correspondence to pay claims-Costs refused.
(1925) 22 Ll L Rep 345
ROBERTSON AND ANOTHER v. DUNDEE, PERTH & LONDON SHIPPING CO.
Bailments - Passenger's luggage in care of wharf-owners - Theft - Absence of reasonable care-Negligence.
(1925) 22 Ll L Rep 346
OWNERS OF "PETER M'RSK" (DAMPSKIBSSELSKABET "SVENDBORG") v. GIBB & AUSTINE.
Freight - Pit-props - Unit of charge for freight - Meaning of "intaken piled fathom"-Two methods of measurement (piling carefully on shore or piling loosely in frames on pontoons)-Failure to prove custom at Grangemouth to allow 5 per cent. deduction from measurement arrived at by second method.
(1925) 22 Ll L Rep 347
GORE v. BROWN.
Alleged collision between yachts in Granton Harbour-Failure to prove contact.
(1925) 22 Ll L Rep 349
UNION-CASTLE MALL STEAMSHIP COMPANY, LTD. v. SENA SUGAR ESTATES, LTD.
(1925) 22 Ll L Rep 351
THE CITY OF MONTREAL v. THE HARBOUR COMMISSIONERS OF MONTREAL; THE ATTORNEY-GENERAL OF QUEBEC v. THE ATTORNEY-GENERAL OF CANADA (INTER-VENANTS) AND CONNECTED APPEAL.
Ownership of Montreal Harbour-Canadian statutes extending area of harbour: whether ultra vires - British North America Act - Effect of right given therein to Dominion Government to legislate as to control of harbours and navigation.
(1925) 22 Ll L Rep 354
THE "SOMMELSDIJK."
Compensation under Indemnity Act, 1920, Sect. 2 (1) (b)-Neutral vessel detained and searched-No contraband found- Claim for detention-Right of visit and search-Prerogative right of Crown.
(1925) 22 Ll L Rep 358
THE "SUNHEATH."
Salvage or towage services - Disabled steamer towed 460 miles to off Karachi with machinery deranged - Value of salved property-Whether to be taken when towing steamer cast off or when salved vessel later reached a position of safety after going ashore.
(1925) 22 Ll L Rep 361
THE "LLANELLY."
Collision in dock at Liverpool between steam barge and steamer after sudden opening of dock gates.
(1925) 22 Ll L Rep 364
THE "PRINCESS MAUD."
(1925) 22 Ll L Rep 365
THE "REFRIGERANT."
Towage - Claim for payment for towage services-Breaking adrift of tow-Tow lost to sight-Whether services performed - Counterclaim for salvage expenses consequent upon engaging another tug.
(1925) 22 Ll L Rep 366
THE "LORD STRATHCONA." OLD COLONY TRUST CO. v. OWNERS OF "LORD STRATHCONA" AND HER FREIGHT. (DOMINION COAL CO. INTERVENERS.) THE DOMINION COAL CO. v. LORD STRATHCONA S.S. CO., LTD., AND OTHERS.
Charter-party - Whether subsisting after sale of ship to successive buyers - Whether notice given to successive buyers-Whether a charter-party with the owner of a ship binds a subsequent mortgagee with notice.
(1925) 22 Ll L Rep 368
THE "GAUPEN."
Salvage - Disabled steamer picked up between Iceland and Hebrides and towed into Stornoway - Ascertainment of value of salved cargo-Rise in market.
(1925) 22 Ll L Rep 371
W. H. MULLER & CO. (LONDON), LTD. v. COMMISSIONERS OF INLAND REVENUE.
Revenue-Income tax - Agents in United Kingdom of foreign shipowners - Whether foreign shipowners trading within the United Kingdom.
(1925) 22 Ll L Rep 376
LAURIE & MOREWOOD v. DUDIN & SONS.
Wharfingers-Delivery order-Refusal to deliver to sub-purchaser part of maize held in bulk for sellers - Passing of property-Custom of the trade as to objection to delivery order within 24 hours not proved.
(1925) 22 Ll L Rep 380
PACIFIC STEAM NAVIGATION CO. ("ORITA") v. MERSEY DOCKS & HARBOUR BOARD.
Negligence - Duties of Harbour Board (Mersey) as to dredging channel - Damage to ship - Whether caused by striking wreckage in buoyed and dredged channel or striking revetment bounding channel.
(1925) 22 Ll L Rep 383
THE "ARTEMISIA."
Collision in River Mersey-Plaintiff vessel leaving dock-Defendant vessel nearly stationary outside-Reciprocal duties- Finding on point of navigation and seamanship reversed in Court of Appeal and restored in House of Lords.
(1925) 22 Ll L Rep 391
H. A. BRIGHTMAN & CO. v. BUNGE Y BORN.
Charter-party-Demurrage&Cargo of wheat and/or maize and/or rye-Whether loading delayed by strike and/or wheat export prohibitions-Obligation to load alternative cargo-Reasonable time to make alternative arrangements-"Ca' canny" movement: whether obstruction on a railway.
(1925) 22 Ll L Rep 395
GREGORY v. PALATINE INSURANCE CO., LTD., AND OTHERS.
Fire insurance (New Brunswick)-Timber in yard-Loss-Defence of misrepresentation and concealment-Warranty -Clear space clause: whether illegal by statute-Refuse burner in vicinity of insured goods-Waiver.
(1925) 22 Ll L Rep 401
BLYTH HARBOUR COMMISSIONERS v. THE CROWN.
Emergency legislation-Compensation under Indemnity Act, 1920 - Land belonging to harbour commissioners requisitioned by Crown-Land previously let to fish curers-Opportunity to use land for timber storage-Cargoes refused while land under requisition - Whether loss merely hypothetical.
(1925) 22 Ll L Rep 404
WEISS v. HEATH AND EVANS.
Insurance - Action against underwriters - discovery of documents-Leave given to appeal from refusal to order further discovery.
(1925) 22 Ll L Rep 408
BROWN v. SPERRY GYROSCOPE CO.
Patent-Infringement-Gyroscopic compass -Defence of non-infringement and of invalidity for want of novelty, subject-matter and utility.
(1925) 22 Ll L Rep 409
THE "EDITH."
Negligence - Damage to cargo loaded on barge waiting to enter dock - Barge sunk after collision with lock entrance- Negligence in slacking away check rope on receiving order to "slack away a bit" given by dock company's servants.
(1925) 22 Ll L Rep 412
THE "REGINA D'ITALIA."
Procedure-Prize Court Act, 1915, Sect. 2 -Enforcement in colonial possession of order for costs made in British Prize Court.
(1925) 22 Ll L Rep 417
BERGENS PRIVATBANK v. NORTHUMBERLAND SHIPBUILDING COMPANY.
Contract-Alleged undertaking by shipbuilders to transfer mortgage on Norwegian ship to Norwegian banks in solidum -Mortgage and banker's guarantee as alternative security for price of ship-Consideration-Waiver.
(1925) 22 Ll L Rep 420
F. C. BRADLEY & SONS, LTD., v. FEDERAL STEAM NAVIGATION CO., LTD.
Bill of lading-Damage to cargo-"Brown heart" in apples-Whether caused by absence of ventilation or by inherent vice.
(1925) 22 Ll L Rep 424
CHINEESCHE LLOYD ALGEMEENE VERZEKERING MAATSCHAPPIJ v. BRITISH GENERAL INSURANCE COMPANY, LTD.
Insurance-Reinsurance treaty-Fire losses -Allegation by defendant company of concealment of material facts as to other companies entering treaty-Verdict for plaintiff company.
(1925) 22 Ll L Rep 436
EMPIRE STEAMSHIP CO. (INC.) AND ANOTHER v. THREADNEEDLE INSURANCE CO.
Marine insurance-Loss of ship by fire- Claim by owners and mortgagees of ship-Defence of setting of ship on fire with connivance of assured and of fraudulent over-valuation of ship.
(1925) 22 Ll L Rep 437
MURPHY v. FAIRFIELD SHIPBUILDING & ENGINEERING CO., LTD.
Employers' liability-Riveter employed in shipbuilding-Noxious fumes from rivetheating fires in confined spaces.
(1925) 22 Ll L Rep 446
GUARANTY TRUST OF NEW YORK v. VAN DEN BERGHS, LTD., AND OTHERS.
Contract-Guarantee by defendants to plaintiffs of liabilities for advances made to sellers of goods under irrevocable confirmed banker's credit-Construction of terms of guarantee- Guarantee or indemnity-Issue of fresh bills of lading-Consideration-Waiver -Falsa demonstratio.
(1925) 22 Ll L Rep 447
THE "SAGAPORACK" AND THE "HONTESTROOM."
Double collision in River Thames-Disputed courses, speeds and position of casualty -Bend of river-Thames Rule No. 36.
(1925) 22 Ll L Rep 458
THE "SUSQUEHANNA."
Collision-Objection to Registrar's report- Loss of use of Admiralty oiler-Vessel not employed in profitable service- Sum which vessel might have earned on hire: whether to be taken into account.
(1925) 22 Ll L Rep 466
WEISS v. HEATH AND OTHERS.
Insurance-Action against underwriters - Discovery of documents-Appeal from refusal to order further discovery- Order 31, r. 12.
(1925) 22 Ll L Rep 469
E. D. SASSOON & CO., LTD. v. GRAHAMS & CO. AND OTHERS.
Jurisdiction-Action by bill of lading holders against Scottish defendants or alternatively against shipowner resident in Hongkong-Loss of goods after deviation-Freight payable in London- Average to be adjusted in London.
(1925) 22 Ll L Rep 472
RUSSIAN VOLUNTEER FLEET v. THE CROWN.
Costs-Appeal-Application for security to be given by Russian volunteer shipowning corporation refused.
(1925) 22 Ll L Rep 472
SEDGWICK, COLLINS & CO., LTD. (JUDGMENT CREDITORS) v. THE ROSSIA INSURANCE COMPANY OF PETROGRAD (EMPLOYERS' LIABILITY ASSURANCE CORPORATION, LTD., GARNISHEES).
Garnishee-Russian company as judgment debtors-Order nisi-Refusal to make absolute-Discretion of Master and Judge-Service regularly effected-Sea Insurance Co. v. Rossia Co. . 20 Ll.L. Rep. 308, considered and distinguished.
(1925) 22 Ll L Rep 475
THE "BRITISH LORD."
Salvage-Large tank steamer ashore in River Mersey-Assisted off by tugs.
(1925) 22 Ll L Rep 479
HERZFELD v. RUSSIAN VOLUNTEER FLEET.
Costs-Appeal-Application for security to be given by Russian volunteer shipowning corporation granted.
(1925) 22 Ll L Rep 479
THE "PRINCESS MAUD."
Sale of ship-Action for possession-Allegation of misrepresentation by buyer in obtaining agreement from seller disproved.
(1925) 22 Ll L Rep 482
THE "GLENSHANE" AND THE "EL OSO."
Collision in River Thames between two steamships caused by third steamship (coming to anchor) failing to indicate manoeuvres by signal while turning.
(1925) 22 Ll L Rep 484
THE "ENERGIE."
Collision in dock between moored barges and steamship-Steamship manoeuvring out of berth-Failure to prove contact.
(1925) 22 Ll L Rep 489
THE "REFRIGERANT."
Towage-Claim for payment for towage services-Breaking adrift of tow-To lost to sight and temporarily abandoned -Whether towage service performed- Counterclaim for salvage expenses consequent upon engaging another tug.
(1925) 22 Ll L Rep 492
THE "PAMPA."
Salvage-Abandonment to salvors-Salved vessel sold by Marshal for sum insufficient to reward salvors.
(1925) 22 Ll L Rep 496
THE "LLANELLY."
Collision in dock at Liverpool between steam barge and steamer after sudden opening of dock gates-Defective look-out on defendant steamship.
(1925) 22 Ll L Rep 497
THE "GRIPFAST."
Collision between pilot cutter and steamship in Spithead-Sudden alteration of course by defendant steamship.
(1925) 22 Ll L Rep 498
THE "ARCTIC PRINCE."
Salvage-Disabled steam trawler assisted into deep water by small steamer and steam trawler-Defence of negligent navigation by steamer (foul berth and collision).
(1925) 22 Ll L Rep 502
THE "MARTINEZ RIVAS."
(1925) 22 Ll L Rep 505
THE "ARRAIZ."
(1925) 22 Ll L Rep 507
THE PELTON STEAMSHIP COMPANY, LTD. v. THE NORTH OF ENGLAND PROTECTING & INDEMNITY ASSOCIATION.
Insurance-Collision of vessel insured in mutual association or club with sunken wreck in Barry Roads-Action (after refusal of underwriters to pay three fourths of damage under running-down clause) against club for whole of damage -Whether collision damages covered by running-down clause - Sunken wreck: test as to whether a ship.
(1925) 22 Ll L Rep 510
NEW ZEALAND SHIPPING CO. v. JACOB PICKWELL & CO., LTD.
Stowage - Action against stevedores - Negligent loading of barge with billets of lead or unseaworthiness of barge.
(1925) 22 Ll L Rep 513
A. C. HARPER & CO., LTD. v. R. D. MACKECHNIE & CO.
Sale of goods c.i.f.-Tender of documents;- Certificate of insurance instead of insurance policy-Certificate as to merchandise being insured with "Lloyd's and/or companies" - Policy subsequently taken from Swiss insurance companies - Damage to part goods - Failure to obtain payment of claim held to have been due to non-disclosure by broker to underwriters of material fact-Implied warranty on delivery of certificate that valid insurance available to buyer.
(1925) 22 Ll L Rep 514
PORTLAND STEAMSHIP COMPANY, LTD. v. CHARLTON STEAM SHIPPING COMPANY.
Sale of ship-Price-Ship demised to buyer -Buyer to pay purchase price later and interest on purchase money in the meantime - Allowance obtained by owner (seller) from income tax authorities as rebate on depreciating property; whether due to seller or buyer- Award in favour of buyer reversed.
(1925) 22 Ll L Rep 516
PROCTOR, GARRATT, MARSTON, LTD. (ROSARIO), v. OAKWIN STEAMSHIP COMPANY, LTD.
Charter-party-Port of call for orders- Orders to be given within 24 hours- Departure from port of call after waiting 51 2 hours-Arrangements made by master for orders to be forwarded by W/T-Vessel not delayed thereby on voyage-Charterers held entitled to damages.
(1925) 22 Ll L Rep 518
WILSTON S.S. CO., LTD. v. ANDREW WEIR & CO., LTD.
Bill of lading-Payment for short delivery of goods by time-charterer-Arbitration- Claim against shipowner for repayment -Whether bill of lading contract of charterer or shipowner-Bill of lading headed "Joint Service to River Plate" but signed on behalf of master.
(1925) 22 Ll L Rep 521
SKANDINAVISKA KREDITAKTIE BOLAGET v. BARCLAYS BANK.
Banking-Reimbursement of advances made under letter of credit in favour of foreign seller of goods to British buyer -Credit opened against delivery of documents-Whether documents good merchantable order-Bill of lading "to order" in which shipper not named and endorsed with unrecognisable signature held to be irregular-Waiver- Estoppel.
(1925) 22 Ll L Rep 523
A. S. PEDER P. HEDEGAARD v. HANDELSVERTRETUNG DER U.D.S.S.R. IN DENMARK.
Sale of goods c.i.f.-Tender of documents- Bill of lading to be dated December and/or January-Bill of lading dated January but claused to give ship liberty to deliver goods shipped in February as well as goods shipped in January-Cargo to be delivered to buyers likely to be part of February shipment-Clause in bill of lading incorporating provisions of charter-party not contemplated by sale contract-Bill of lading held to be bad tender.
(1925) 22 Ll L Rep 526
SVEN HYLANDER & CO. v. BLAKE, DOBBS & CO. (INCORPORATED).
Sale of goods (wheat and rye) c.i.f.-Construction of clause providing for repurchase or re-sale in case of default- Default by going into liquidation - Remedy of buyer arising only upon giving notice and actually re-purchasing -Right of seller to re-sell.
(1925) 22 Ll L Rep 528
RALLI BROTHERS v. MOOR LINE.
Practice-Res judicata-Estoppel by record -Charter-party - Damage to goods carried-Damage due partly to delay on account of unseaworthiness of ship, partly to fire (also caused by unseaworthiness of ship), smoke and water- Action for damages other than damage caused by fire-Claim based upon bad stowage, delivery of damaged goods and unseaworthiness-Damages given not including damage by fire-Second action for damage due to fire-Claim dismissed as res judicata.
(1925) 22 Ll L Rep 530
G. H. SCALES (PACIFIC), LTD. v. TEMPERLEY STEAM SHIPPING CO., LTD.
(1925) 22 Ll L Rep 533
EMPIRE STEAMSHIP CO. (INC.) AND ANOTHER v. THREADNEEDLE INSURANCE CO.
Marine insurance-Loss of ship by fire- Claim by owners and mortgagees of ship-Defence of setting of ship on fire with connivance of assured and of fraudulent over-valuation of ship.
(1925) 22 Ll L Rep 534
[The
GREATER BRITAIN INSURANCE CORPORATION, LTD. v. C. T. BOWRING & CO. (INSURANCE), LTD.
Insurance brokers-Claim by insurance company in liquidation against brokers for premiums-Agreement as to rate of exchange applicable to premiums on and claims under American policies- Set-off as to claims paid to American assured under agreement.
(1925) 22 Ll L Rep 538
CLYDE NAVIGATION BOATMEN v. H. HOGARTH & SONS.
National Health Insurance Act-Boatman licensed by Trustees of Clyde Navigation -Whether an employed person.
(1925) 22 Ll L Rep 540
EAGLE, STAR & BRITISH DOMINIONS INSURANCE COMPANY, LTD. AND THE ALLIED TRADERS INSURANCE COMPANY, LTD.
(1925) 22 Ll L Rep 540
IN RE THE LEITH & FLENSBURG SHIPPING CO.
Company-Extension of objects-Power to incorporate abroad refused.
(1925) 22 Ll L Rep 541