i-law.com

THE "AMERICAN MERCHANT."

(1925) 23 Ll L Rep 1

Collision in River Thames-Disputed courses -Evidence tendered and rejected of automatic record of movements of gyroscopic compass on defendant ship.

GREGORY v. PALATINE INSURANCE CO., LTD., AND OTHERS.

(1925) 23 Ll L Rep 12

Fire insurance (New Brunswick)-Timber in yard- Loss- Claim- Defence of misrepresentation and concealment - Statutory provision as to variations from standard policy being printed in conspicuous type and in ink of different colour from body of policy under the heading "Variations in Conditions"- Clear space clause attached to policy not so printed or headed held to be a condition of the policy and therefore void and not a description and limitation of the risk covered - Refuse burner in Vicinity of insured goods.

THE "GENERAL SERRET."

(1925) 23 Ll L Rep 14

Ship - Wages and disbursements - Order for appraisement and sale-Repatriation of crew by Admiralty Marshal.

THE LIGHT-VESSEL "1025" (NO. 1).

(1925) 23 Ll L Rep 16

Salvage-Services rendered by tug to light-vessel adrift (on voyage to India) during heavy weather-Light-vessel in imminent danger of going ashore.

THE LIGHT-VESSEL "1025" (NO. 2).

(1925) 23 Ll L Rep 18

Salvage-Services rendered to light-vessel (on voyage to India) by steam trawler during rough weather - Services admitted but particulars alleged to be exaggerated.

THE "BATAVIER III."

(1925) 23 Ll L Rep 21

Negligent navigation - Excessive speed of passing vessel causing moored vessel to break away and ground - Inefficient moorings - Apportionment of blame - Maritime Conventions Act, 1911.

THE "PHRYNE."

(1925) 23 Ll L Rep 23

Collision on overtaking or crossing courses in Bristol Channel-Conflicting allegations as to alteration of helm and as to failure to keep out of the way.

THE "SASSA."

(1925) 23 Ll L Rep 23

Ships' necessaries - Wages and disbursements -Appraisement and sale.

THE "RUTH KAYSER."

(1925) 23 Ll L Rep 24

Ship's necessaries-Crew's wages-Collision damages-Appraisement and sale.

THE "ACASTA."

(1925) 23 Ll L Rep 25

Collision in River Thames - Plaintiff ship sunk-Plaintiff ship found to have been on wrong side of mid-channel - Immateriality of slightly irregular navigation lights on defendant vessel.

SEEVANJEE v. BOARD OF TRADE.

(1925) 23 Ll L Rep 29

Charter-party T. 97 B-Requisitioned ship- Ship lost - Reference to arbitration - Measure of damages - Alleged agreement as to liquidated sum being payable in event of loss-Action of arbitrator in omitting matter from special case abandoned by leading Counsel but pressed for by junior Counsel held not to have been legal misconduct.

LONDON & MONTROSE SHIPBUILDING & REPAIRING CO. IN LIQUIDATION) v. BARCLAYS BANK.

(1925) 23 Ll L Rep 32

Negotiable instruments-Cheque-Endorsement in favour of third party-Negligence of bank in cashing cheque disproved - Absence of unusual or suspicious circumstances sufficient to require bank to make inquiries.

MIKKELSEN v. ARCOS, LTD.

(1925) 23 Ll L Rep 33

Charter-party - Dead freight - Demurrage -Failure by charterers to load a full and complete cargo due to slackness of Russian stevedores-Liability of charterer -Delay by alteration of port of discharge - Remuneration for extra voyage.

NAVARINO SALVORS, LTD. v. NAVARINO RECOVERY, LTD.

(1925) 23 Ll L Rep 36

Contract - Power to assign interest in agreement to conduct salvage operations under Government concession - Application for stay of action because of arbitration clause in contract-Application dismissed.

IN RE OVERSEAS MARINE INSURANCE COMPANY, LTD.

(1925) 23 Ll L Rep 37

Company-Winding-up-Voluntary liquidation of insurance company - Construction of agreement to take up business of Russian insurance company compulsorily wound up-Right of holders of policies in Russian company to prove in liquidation.

IN RE BLYTH SHIPBUILDING & DRY DOCKS COMPANY, LTD.

(1925) 23 Ll L Rep 38

Company-Receiver-Contract to build ship - Ship partly built-Power of receiver appointed by debenture holders to suspend work under contract and to dispose of partly built ship and materials.

BRITISH OIL & CAKE MILLS CO., LTD. v. OWNERS OF THE "CITY OF CANTERBURY."

(1925) 23 Ll L Rep 39

Bill of lading - Method of discharge of cargo - Custom of the port (Manchester) -Delivery overside into barges or on to quay.

PALMER v. ROBERTSON AND ANOTHER.

(1925) 23 Ll L Rep 40

Partnership-Access to accounts, books and documents.

"RUBY GEM" (OWNERS) v. JONES' BUCKIE SLIP & SHIPYARD.

(1925) 23 Ll L Rep 41

Repairs to ship-Constructive total loss of vessel by fire while under repair - Liability of ship-repairers for negligence excluded by special conditions imported into repair contract by previous course of dealing-Negligence not proved.

CROUDACE v. ANNANDALE STEAMSHIP CO.

(1925) 23 Ll L Rep 42

Shipmaster - Contract of service - Agreement by master to subscribe for shares in company-Agreement by company to take over shares at par value if service terminated voluntarily by master - Master justifiably dismissed-Company's refusal to take over shares upheld.

CLYDE NAVIGATION BOATMEN v. H. HOGARTH & SONS.

(1925) 23 Ll L Rep 44

National Health Insurance Act - Boatman licensed by Trustees of Clyde Navigation -Whether an employed person.

CLYDE NAVIGATION TRUSTEES v. KELVIN SHIPPING CO.

(1925) 23 Ll L Rep 46

Harbour authority - Removal of wreck - Action by authority for expenses - Objections to pursuers' account-Limitation of liability.

ADELAIDE STEAMSHIP COMPANY, LTD. v. THE CROWN.

(1925) 23 Ll L Rep 49

Requisitioned ship - Collision damages - Compensation - Collision due to negligence during 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 repairs to both ships - Construction of charter-party T. 99.

CLEVELAND TWIST DRILL COMPANY (GREAT BRITAIN), LTD. v. UNION INSURANCE SOCIETY OF CANTON.

(1925) 23 Ll L Rep 50

Marine insurance-Loss of machine tools in cases - Claim for pilferage - Proof of cases of loss-Misdelivery or pilferage.

CONTINENTAL CONTRACTORS, LTD., AND ANOTHER v. MEDWAY OIL & STORAGE COMPANY, LTD.

(1925) 23 Ll L Rep 55

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.

BANCO DE BARCELONA v. UNION MARINE INSURANCE COMPANY, LTD.

(1925) 23 Ll L Rep 55

Procedure - Security for costs - Appellant plaintiffs (corporation out of the jurisdiction with no assets within the jurisdiction) in liquidation and insolvent -Offer of security-Adequacy.

[The "Cruz."]

THE "ODYSSEUS."

(1925) 23 Ll L Rep 56

Ship's necessaries-Appraisement and sale.

THE "NEDENES."

(1925) 23 Ll L Rep 57

Collision action - Limitation of liability - Maritime Conventions Act, 1911, Sect. 8 -Whether tort extinguished by agreement -Application by claimants under statute out of time-Extension of time: whether Court should exercise its discretion.

THE "WEAR."

(1925) 23 Ll L Rep 59

Collision in North Sea during fog-Excessive speed and improper helm action on part of plaintiff ship.

GORRISSEN & CO. AKTIESELSKAP v. EDWARD CHALONER & CO., AND FOY, MORGAN & CO.

(1925) 23 Ll L Rep 61

Bill of lading-Claim against b/l holders for dead freight - Whether any charter-party in existence - Liability of b/l holders.

PRATT v. FURNESS.

(1925) 23 Ll L Rep 67

Agency - Commission - Sale of yacht - Authority to act as agent-Relationship of principal and agent held not to exist.

MORRIS v. R. & H. GREEN & SILLEY WEIR, LTD.

(1925) 23 Ll L Rep 70

Master and servant-Fatal accident-Claim by dependents of deceased boilermaker -Defence of common employment not made out.

EXCESS INSURANCE COMPANY, LTD. v. MATHEWS AND OTHERS.

(1925) 23 Ll L Rep 71

Reinsurance-Fire-Loss of mill (Hungary) - Arbitration under policy - Claim settled by plaintiff insurers-Reinsurers to reimburse insurers "and to follow their settlements" - Defence that appointment of arbitrators and policy rendered void by reason of state of war.

NISSEN v. QUEENBOROUGH CONSTRUCTION COMPANY, LTD.

(1925) 23 Ll L Rep 76

Contract-Agreement to act as shipwright company's manager - Construction - Salary - Accounts referred to Official Referee.

McCONNELL v. POLAND.

(1925) 23 Ll L Rep 77

Insurance (motor-car)-Accident-Repairs Whether amount paid for repairs a reasonable amount.

THE LONDON & HULL SHIPPING CO., LTD. v. THE DAMPFSCHIFFAHRTGESELLSCHAFT ARGO.

(1925) 23 Ll L Rep 78

Contract of agency-Construction of term as to notice-Year-to-year contract subject to termination at any time after June 30, 1925, by 3 months' notice- Notice given October, 1924, to terminate as from July 1, 1925, held to be valid.

IN RE BLYTH SHIPBUILDING & DRY DOCKS COMPANY, LTD.

(1925) 23 Ll L Rep 78

Company-Receiver-Contract to build ship -Ship partly built-Power of receiver appointed by debenture holder to suspend work under contract and to dispose of partly built ship and materials.

WHIMSTER & CO. v. INSPECTOR OF TAXES.

(1925) 23 Ll L Rep 79

Revenue-Excess Profits Duty-Ship-charterers -Vessels hired on time-charter- Computation of trading profits-Fall in shipping values-Anticipated results of future trading wrongly taken into account-Finance Act, 1922, Sect. 35.

THE LAKES & ST. LAWRENCE TRANSIT CO. v. THE NIAGARA, ST. CATHERINE'S & TORONTO RAILWAY COMPANY.

(1925) 23 Ll L Rep 81

Negligence - Collision in canal (Canada) between steamer and swing bridge - Whether due to faulty management of bridge or to negligent navigation of steamer.

DHARSI NANJI & CO. v. CHEONG YUE STEAMSHIP COMPANY, LTD.

(1925) 23 Ll L Rep 82

Charter-party-Breach-Failure to take up vessel-Vessel requisitioned by Government -Option to cancel not exercised- Provision referring disputes to arbitration - Frustration by requisition - Whether arbitration clause dissolved thereby-Whether charter-party kept alive by failure to exercise option to cancel.

BROWN v. SPERRY GYROSCOPE COMPANY, LTD.

(1925) 23 Ll L Rep 84

Patent - Infringement - Gyroscopic compass -Defence of non-infringement and of invalidity for want of novelty, subject-matter and utility.

METAL PRODUCTS, LTD. v. PHOENIX ASSURANCE COMPANY, LTD.

(1925) 23 Ll L Rep 87

Insurance-Policy-Arbitration clause-Repudiation of liability by insurers on ground of non-disclosure-Whether going to the root of the contract-Inferences to be drawn from conditions of policy and from attitude of insurers- Arbitration clause held to be a condition precedent to any action on the policy.

REDERI AKTIEBOLAGET AEOLUS v. HILLAS & CO., LTD.

(1925) 23 Ll L Rep 90

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.

THE "F. W. FISCHER."

(1925) 23 Ll L Rep 92

Collision in River Thames-Failure on part of vessel turning in river to give appropriate signals-Port of London River By-Laws, Nos. 23 & 24.

THE "RUTH KAYSER."

(1925) 23 Ll L Rep 95

Ships' necessaries-Appraisement and sale -Sale by Admiralty Marshal-Alleged interference by circulation of rumours as to private sale.

THE "BORS."

(1925) 23 Ll L Rep 96

Collision at entrance of Surrey Commercial Docks, River Thames-Negligent navigation, on part of plaintiff vessel while crossing the river-Warning not given to defendant vessel-Plaintiff ship held alone to blame.

THE "ABERDALE" AND THE "ATSUTA MARU."

(1925) 23 Ll L Rep 98

Double collision in River Thames in broad daylight-Cross allegations of negligent navigation by three ships.

DOWER & CO. v. CORRIE, MACCOLL & SON.

(1925) 23 Ll L Rep 100

Sale of goods (barley)-Rejection-Arbitration - Award "that the buyers are entitled to reject the parcel and that the sellers shall refund to the buyers the amount of the provisional invoice" - Action to enforce award - Barley shipped in bags, bulked and rebagged it different bags-Whether buyers in a position after rebagging to hand back the identical parcel of goods.

SHESTACOVSKY v. RUSSIAN VOLUNTEER FLEET.

(1925) 23 Ll L Rep 100

Agency-Agreement by Russian Volunteer Fleet to pay commission - Claim unopposed.

HANSENS REDERI A/S v. HARCOURT.

(1925) 23 Ll L Rep 103

Bill of lading-Title-Shipment of paper- Bills obtained by original buyer before price paid-Shipowner led into converting goods by action of original buyer- Passing of property to shipowner by arrangement between seller and shipowner - Refusal of original buyer to surrender bills - Claim by shipowner against original buyer for price of goods and expenses and for declaration of title to bills-Expenses allowed but price refused-Order made for bills to be handed over to shipowner.

BRITISH OIL & CAKE MILLS CO. v. OWNERS OF THE "CITY OF CANTERBURY."

(1925) 23 Ll L Rep 105

Bill of lading-Method of discharge of cargo-Custom of the port (Manchester) -Delivery overside into barges or on to quay.

BEATTIE, CHILD & CO., LTD. v. GLOBE & RUTGERS FIRE INSURANCE CO. OF NEW YORK AND THE CANADA NATIONAL INSURANCE CO.

(1925) 23 Ll L Rep 105

Insurance broker or underwriting agent- Commission - Assessment of amount due.

THE CITY OF MONTREAL v. THE HARBOUR COMMISSIONERS OF MONTREAL; THE ATTORNEY-GENERAL OF QUEBEC v. THE ATTORNEY-GENERAL OF CANADA (INTERVENANTS), AND CONNECTED APPEAL.

(1925) 23 Ll L Rep 109

Ownership of Montreal Harbour-Canadian statutes extending area of harbour: whether ultra vires-British North America Act, 1867-Effect of right given therein to Dominion Government to legislate as to control of harbours and navigation-Riparian rights of private owner of river bank.

BRITISH PETROLEUM COMPANY, LTD. v. THE ATTORNEY-GENERAL OF CEYLON.

(1925) 23 Ll L Rep 116

Negligence-Damage to ship-Defective berth-Action by owners against Government of Ceylon - Whether provision of defective berth a breach of contractual right or tortious act- Whether Government liable in tort- Roman-Dutch law-Compulsory pilotage - Pilots appointed by Governor - Whether local government protected by local ordinance.

THE "SOMMELSDIJK."

(1925) 23 Ll L Rep 119

Compensation under Indemnity Act, 1920, Sects. 2 (1) (b), 3 - Neutral vessel detained and searched-No contraband found-Claim for damages for detention -Right of visit and search-Prerogative right of Crown.

CONTINENTAL CONTRACTORS, LTD. AND OTHERS v. MEDWAY OIL & STORAGE COMPANY, LTD.

(1925) 23 Ll L Rep 124

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- Delivery dependent upon tender of banker's guarantee-Guarantee as condition precedent to obligation of sellers -Whether failure to make first delivery a repudiation of whole contract or ground for claim for damages in respect of non-delivery of one instalment- Whether a good ground for repudiation may be raised after wrongful repudiation of contract on another ground-Braithwaite v. Foreign Hardwood Co., [1905] 2 K.B. 543, explained.

THE "RUTH KAYSER."

(1925) 23 Ll L Rep 135

Ship's necessaries-Supply of bunker coals -Appraisement and sale.

THE "THESEUS."

(1925) 23 Ll L Rep 136

Salvage-Services rendered to steamship in Batavia Roads by ship belonging to same owners - Action against cargo-owners -The Miranda, L.R. 3 A. & E. 561, followed.

THE "PORSANGER."

(1925) 23 Ll L Rep 136

Collision in River St. Lawrence-Action compromised-Objection to Registrar's report-Report remitted to Registrar.

BARNETT v. BLACKMORE.

(1925) 23 Ll L Rep 137

Insurance (motor car)-Loss of car by fire -Claim-Defence of inaccurate statements in proposal form.

GORDON, WOODROFFE & CO., LTD. v. PRODUCE BROKERS' NEW COMPANY (1924), LTD.

(1925) 23 Ll L Rep 138

Sale of goods (nigerseed) - "Shipment Bombay . . . February and/or March" - Seed shipped during March on outward bound steamer for carriage homewards on return - Refection - Arbitration - Special case-Whether ship, when cargo loaded, upon a voyage to London, held to be a question of fact for arbitrator.

J. H. RAYNER & CO., LTD. v. LANE MITCHELL, LTD.

(1925) 23 Ll L Rep 139

Sale of goods (ground nuts)-Appropriation of shipment to contract - Tender of documents; whether out of time-Construction of contract.

THE "ARBONNE."

(1925) 23 Ll L Rep 141

Mortgaged ship sold while under arrest - Whether sale valid-Priorities between mortgagees and other creditors-Lien- No lien for necessaries supplied to a vessel in a home port-Merchant Shipping Act, 1894, Sect. 35.

EVERARD & SONS v. PORT OF LONDON AUTHORITY.

(1925) 23 Ll L Rep 141

Negligence - Damage to vessel by swing bridge-No duty to give warning that bridge is to be closed.

THE "RONAN" AND THE "WARSZAWA."

(1925) 23 Ll L Rep 143

Collision in Ymuiden Canal-Sudden alteration of helm-Contributory negligence -Assessment of damage-Settlement.

LORD STRATHCONA STEAMSHIP CO., LTD. v. DOMINION COAL CO., LTD.

(1925) 23 Ll L Rep 145

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 established between original charterers and successive buyers - Buyer held to be in position of constructive trustee for charterer.

THE "ABERDALE" AND THE "ATSUTA MARU."

(1925) 23 Ll L Rep 151

Double collision in River Thames in broad daylight-Cross allegations of negligent navigation by three ships-Finding of improper helm action by second defendant ship.

THE "ORMER."

(1925) 23 Ll L Rep 153

Collision in River Elbe during fog-Plaintiff ship at anchor-Negligence by defendants admitted - Allegation of contributory negligence of plaintiff ship in not having efficient bell disproved.

THE "ORANIAN."

(1925) 23 Ll L Rep 153

Collision off Tampico-Admission of liability -Reference to Registrar-Claim for damages for detention - Quantum - Whether certain evidence wrongly accepted by Registrar.

THE "HARWICH."

(1925) 23 Ll L Rep 153

Salvage-Services rendered to sailing vessel by motor boat-Application for stay pending appeal.

SHELBOURNE & CO. v. BACK & MANSON.

(1925) 23 Ll L Rep 156

Contract-Erection of dolphins-Breach of contract to employ plaintiffs-Quantum meruit-Alleged repudiation by plaintiffs of their contractual obligations disproved-Oversight of work-Disputed responsibility of consulting engineers employed by defendants.

CORCOS v. DE ROUGEMONT AND OTHERS.

(1925) 23 Ll L Rep 164

Insurance (motor car) - Accident - Claim - Defence of suppression of material fact-Question: "How long have you driven a motor car?" held to refer not merely to period immediately preceding proposal-Ambiguity.

LAKE v. SIMMONS.

(1925) 23 Ll L Rep 168

Insurance (jewellery)-Loss-Claim-Exception of loss by "theft or dishonesty committed by . . . . any customer in respect of goods entrusted to them"- Whether loss within the ambit of the policy.

GREENHILL AND OTHERS v. FEDERAL INSURANCE COMPANY.

(1925) 23 Ll L Rep 170

Marine insurance-Loss of celluloid-Claim -Defence of concealment of material facts - Sea water damage on previous voyage in slow ship built for lake traffic-Duty to disclose abnormal circumstances to underwriters - Whether circumstances abnormal having regard to known war conditions.

ANCHOR-DONALDSON LINE v. READ.

(1925) 23 Ll L Rep 173

Workmen's Compensation Acts, 1906-1923- Injury to ship's steward-Compensation paid during acknowledged incapacity- Dispute as to continued incapacity - Remit by arbitrator to medical referee -Insufficiency of referee's report- Power of arbitrator to re-remit.

LAURIE & MOREWOOD v. DUDIN & SONS.

(1925) 23 Ll L Rep 177

Sale of goods-Wharfingers-Delivery order -Absence of acknowledgment-Delivery stopped by original sellers-Refusal by wharfinger to deliver to sub-purchaser part of maize held in bulk for original sellers-Passing of property-Custom of the trade as to objection to delivery order within 24 hours not proved - Estoppel-Attornment.

THE "CLARA CAMUS."

(1925) 23 Ll L Rep 181

Collision off Newfoundland in dense fog- Both vessels found to blame for excessive speed-Grounds for interference by Court of Appeal with apportionment made by Admiralty Judge-Omission to consider material point-Maritime Conventions Act, 1911, Sect. 1.

BEATTIE, CHILD & CO., LTD. v. GLOBE & RUTGERS FIRE INSURANCE COMPANY OF NEW YORK AND THE CANADA NATIONAL INSURANCE COMPANY.

(1925) 23 Ll L Rep 181

Insurance broker or underwriting agent- Commission-Construction of agreement by insurers to pay commission to broker or agent-Appeal-Application for stay.

THE "VIZMA."

(1925) 23 Ll L Rep 186

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-Responsibility of harbour authority.

THE "LLANELLY."

(1925) 23 Ll L Rep 187

Collision in dock at Liverpool between steam barge and steamer after sudden opening of dock gates-Seamanship - Appeal allowed after diametrically opposite advice given by nautical assessors to advice given by assessors in Court below.

THE "HARWICH."

(1925) 23 Ll L Rep 190

Salvage - Services rendered to barge off Margate-Award-Appeal-Insufficiency of grounds for interference.

THE "CRUACHAN."

(1925) 23 Ll L Rep 192

Negligence - Damage to moored vessel by another moored vessel while swinging- Cross-allegations of foul berth and bad look-out-Paying out of chain on board defendant vessel held to be the effective cause of collision - Contributory negligence on part of plaintiff vessel not established.

GREENHILL AND OTHERS v. FEDERAL INSURANCE COMPANY.

(1925) 23 Ll L Rep 194

Marine insurance-Loss of celluloid-Claim -Defence of concealment of material facts-Sea water damage on previous voyage in slow ship built for lake traffic - Duty to disclose abnormal circumstances to underwriter - Whether circumstances abnormal having regard to known war conditions.

MITSUBISHI SHOJI KAISHA, LTD. v. S. SOSKIN & CO., LTD.

(1925) 23 Ll L Rep 198

Sale of goods (soya bean oil in bulk)-Shipment February or first half March- "Other terms and conditions subject to . . . Association Form No. 44"-Steamship in collision-Shipment delayed- Force majeure clause introduced into standard form of contract (unknown to buyers) four months prior to sale - Whether applicable-Consensus ad idem -Construction of Form 44.

ROBINSON v. ROBERT STANLEY SHIPPING COMPANY, LTD.

(1925) 23 Ll L Rep 198

Negligence-Fatal accident in dock-Action by personal representative of deceased- Defence of contributory negligence not made out-Lord Campbell's Act, 1846.

BROOKE v. THE CROWN.

(1925) 23 Ll L Rep 200

Requisitioned ship - Compensation-Undertaking that Crown should pay market rate and not Blue Book rate-Quantum -Assessment by King's Bench Judge- Appeal - Re-trial - Meaning of market rate.

HAMEL & HORLEY, LTD. v. WM. MACLEAN, SONS & CO.

(1925) 23 Ll L Rep 200

Sale of goods (hoop iron) - Rejection - Goods not up to quality - Action undefended.

COMYN v. WOOLCOCK.

(1925) 23 Ll L Rep 203

Pilotage-Interpleader issue-By-law made by pilotage authority taking for distribution among other Channel pilots percentage of fees earned by pilots chosen by certain shipping lines held to be intra vires-Case left open for settlement-Parties unable to come to terms-Reinstatement in list-Effect of bankruptcy of pilot on agreement relating both to continuance of plaintiff's work as pilot and retention by pilotage authority of percentage of fees.

IN RE BLYTH SHIPBUILDING & DRY DOCKS CO., LTD.

(1925) 23 Ll L Rep 205

Company-Receiver-Contract to build ship -Ship partly built-Power of receiver appointed by debenture holder to suspend work under contract and to dispose of partly built ship and materials-Passing of property in loose materials governed only by terms of contract-Sale of Goods Act, 1893, Sects. 16 and 18.

IN RE LONDON COUNTY COMMERCIAL REINSURANCE OFFICE, LTD.

(1925) 23 Ll L Rep 206

Company-Liquidation-Scheme of arrangement - Summons by liquidator for directions as to date of conversion into sterling of amounts due in foreign currencies.

IN RE BRITISH MID-EASTERN TRANSPORT COMPANY, LTD.

(1925) 23 Ll L Rep 206

Company-Winding up-Proposal made and accepted by petitioners.

LA SOCIETE DU GAZ DE PARIS v. LA SOCIETE ANONYME DE NAVIGATION "LES ARMATEURS FRANCAIS," PARIS.

(1925) 23 Ll L Rep 209

Conflict of law-Forum non conveniens- French subject sued by another French subject in Sheriff Court of Dumbarton for failure to deliver goods (under a charter-party executed in France) at a French port-Subrogation of rights of nominal pursuers to British underwriters - Arrestment to found jurisdiction.

BANCO DE BARCELONA v. UNION MARINE INSURANCE COMPANY.

(1925) 23 Ll L Rep 214

Insurance (marine)-Loss of cargo-Claim by Spanish bank as cargo-owners - Defence of scuttling with connivance of cargo-owners - Appeal - Motion for adduction of further evidence to stand over until hearing of appeal - Later motion to postpone hearing of appeal sine die.

MOORE v. "DAILY NEWS," LTD.

(1925) 23 Ll L Rep 215

Newspaper insurance - Claim - Condition that compensation not payable where assured suffering from "disability which, in the opinion of the insurers, would be likely to increase the risk . . . whether such . . . disability might or might not have affected the particular injury"- Adjudication by insurers: whether bona fide - Clause requiring arbitration - Action brought by assured stayed - Appeal - Decision upheld.

THE COMMERCIAL AND ESTATES COMPANY OF EGYPT v. BOARD OF TRADE.

(1925) 23 Ll L Rep 218

Indemnity Act, 1920-Requisition of timber -Assessment of compensation by War Compensation Court - Quantum - No appeal from that Court except upon matters of law.

PROCTOR, GARRATT, MARSTON, LTD. (ROSARIO) v. OAKWIN STEAMSHIP COMPANY, LTD.

(1925) 23 Ll L Rep 222

Charter-party-Port of call for orders- Orders to be given within 24 hours- Departure from port of call after waiting 512 hours-Arrangements made by master for orders to be forwarded by W/T-Vessel not delayed thereby on voyage-Charterers held entitled to damages.

THE "LORD STRATHCONA."

(1925) 23 Ll L Rep 225

Mortgage of ship - Application by interveners for postponement of order for appraisement and sale - Order made with proviso that interveners give security in respect of interest due to delay and of depreciation in shipping values-Reference to Registrar-Construction of order-Report confirmed.

THE "ORANIAN."

(1925) 23 Ll L Rep 228

Collision off Tampico-Admission of liability -Reference to Registrar-Claim for damages for detention - Quantum - Whether wrong principles applied by Registrar-Report confirmed.

THE "RUTH KAYSER."

(1925) 23 Ll L Rep 228

Ship's necessaries-Wages and disbursement -Appraisement and sale-Judgment in default of appearance-Reservation of priorities.

THE "LAOMEDON."

(1925) 23 Ll L Rep 230

Salvage-Services rendered to large steamer in Persian Gulf-Vessel towed over 3000 miles to Malta-Claim by salvors against vessel in common ownership with salving vessel disallowed.

THE "PHRYNE."

(1925) 23 Ll L Rep 235

Collision in Bristol Channel-Conflicting allegations as to alteration of helm and as to failure to keep out of the way-Whether on overtaking or crossing courses-

THE "CITY OF KARACHI."

(1925) 23 Ll L Rep 240

Salvage-Services rendered by tugs to steamer in River Tees-Tugs under towage contract-Slight variation from expected services-

HEWITT v. LONDON GENERAL INSURANCE COMPANY, LTD.

(1925) 23 Ll L Rep 243

Reinsurance-Loss of cargo-Claim paid by insurer - Action against reinsurers - Defence of non-lability of insurer to assured on account of ship having sailed with an intention to deviate-Rule for ascertainment of extra premium - Marine Insurance Act, 1906, Sects. 43, 44, 46 (3) and 91.

AKTIESELSKABET PITWOOD v. J. W. BAIRD & CO., LTD.

(1925) 23 Ll L Rep 247

Sale of goods c.i.f. (pit props)-Rejection- Provision that discharge of cargo should be at 5s. 6d. per standard at the cranes -Provision not incorporated into charter-party - Whether a collateral stipulation or a matter going to the root of the contract - Arbitration - Award that buyers not entitled to reject-Case stated - Award set aside - Judgment entered for buyers.

BERG & SONS v. LANDAUER & CO.

(1925) 23 Ll L Rep 249

Sale of goods (peas) - Documents - Bill of lading date different from provisional invoice date-Rejection-Arbitration- Award-Accuracy of the date held to be a condition and not merely a warranty - Award confirmed - Effect of "E. & O.E." upon a document.

LAKE v. SIMMONS.

(1925) 23 Ll L Rep 250

Insurance (jewellery) - Loss - Claim - Jewellery obtained by fraudulent third person-

IN RE MOYES & STEVENSON'S PATENT.

(1925) 23 Ll L Rep 256

Patent - Maritime signalling apparatus - Petition for prolongation-Period of five years granted.

IN RE BRITISH STEAMSHIP INVESTMENT TRUST, LTD.

(1925) 23 Ll L Rep 256

Company-Alteration of objects.

UNITED STATES SHIPPING BOARD v. BUNGE Y BORN.

(1925) 23 Ll L Rep 257

Charter-party-Deviation-Liberty to call at ports in any order for purposes of taking bunker coal or ship supplies - Deviation to take in fuel oil to enable ship to leave final port after expiry of charter - Demurrage disallowed - Damages for deviation payable.

ADELAIDE STEAMSHIP COMPANY, LTD. v. CROWN.

(1925) 23 Ll L Rep 259

Requisitioned ship-Collision damages- Compensation - Collision due to negligence of requisitioned ship during warlike operation - Damage caused to foreign merchant vessel and costs of litigation - Construction of charter-party T. 99-Whether Crown liable to pay (a) three-fourths of cost of repairs to merchant vessel; (b) three-fourths of cost of litigation establishing blame of requisitioned ship; (c) hire during time requisitioned ship undergoing repairs.

BRITISH PETROLEUM COMPANY, LTD. v. THE ATTORNEY-GENERAL OF CEYLON.

(1925) 23 Ll L Rep 264

Negligence - Damage to ship - Defective berth - Action by owners against Government of Ceylon - Whether provision of defective berth a breach of contractual right or tortious act - Whether Government liable in tort - Roman-Dutch law-Compulsory pilotage -Pilots appointed by Governor- Government protected by local ordinance -Ordinance No. 4 of 1899, Sect. 11.

PORTLAND STEAMSHIP COMPANY, LTD. v. CHARLTON STEAM SHIPPING COMPANY.

(1925) 23 Ll L Rep 268

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 -Appeal dismissed.

CAYZER, IRVINE & CO., LTD. v. BOARD OF TRADE.

(1925) 23 Ll L Rep 271

Requisitioned ship-Loss-Claim by owners -Arbitration-Statute of Limitations, 21 Jac. 1, cap. 16, successfully pleaded by Crown.

THE "ARSA."

(1925) 23 Ll L Rep 273

Charter-party - Damage to cargo (wheat) by sea water-Arbitration-Award in favour of charterers-Special case- Latent defect in valve-Clause excepting liability of shipowners for damage due to latent defect in machinery - Valve held not to be machinery - Award upheld.

A. & C. MAZARAKIS v. BUNGE Y BORN.

(1925) 23 Ll L Rep 275

Charter-party - Freight - Carriage of full and complete cargo of wheat and/or maize and/or rye-"Charterers to have the option of shipping other lawful merchandise, in which case freight to be paid on the steamer's deadweight capacity" - Construction - Shrinkage of cargo.

JEEVANJEE v. BOARD OF TRADE.

(1925) 23 Ll L Rep 276

Charter-party T. 97 B - Requisitioned ship -Ship lost-Claim-Arbitration-Award - Special case - Principles affecting measure of damage adopted by arbitrator confirmed by Court.

WYNNSTAY STEAMSHIP COMPANY, LTD., AND W. I. RADCLIFFE STEAMSHIP COMPANY, LTD. v. BOARD OF TRADE.

(1925) 23 Ll L Rep 278

Collision off New York - Defendant ship under requisition-Arbitration - Award that injury was a marine risk and not the consequence of a warlike operation -Award upheld.

THE ETHEL RADCLIFFE STEAMSHIP COMPANY, LTD. v. W. R. BARNETT, LTD.

(1925) 23 Ll L Rep 279

Charter-party - Damages for detention - Port of call for orders-Charterers to give notice of discharge port within 24 hours of receiving a cable from master-Failure to give orders-Ship deliberately delayed - Measure of damages-Whether owners entitled to agreed rate of damages for detention or to damages at large.

REAVIS v. CLAN LINE STEAMERS AND ANOTHER.

(1925) 23 Ll L Rep 281

Collision-Assessment of damages-Damages for personal injuries and for loss of effects allowed-Damages for loss by proprietor of orchestra of profits and prospective profits on account of loss of lives of members of orchestra disallowed -Application to amend by adding claim for future speculative profits from music last-Maritime Conventions Act, 1911, Sect. 8.

KING AND OTHERS v. DEVLIN & SONS.

(1925) 23 Ll L Rep 283

Negligence - Fatal Accident - Master of trawler killed through defect in ladder attached to another trawler-Custom of trawler alongside berth to provide access and egress to and from trawler in second tier - Whether deceased master an invitee or licensee-Issue for the trial of the cause by jury approved.

HUNTER v. DOWNEY.

(1925) 23 Ll L Rep 284

Workmen's Compensation Acts, 1906-1923- Death of foreman superintending discharge of vessel-Unauthorised use by deceased of capstan belonging to Docks Board-Accident held not to arise out of or in the course of his employment.

GREATER BRITAIN INSURANCE CORPORATION, LTD. v. C. T. BOWRING & CO. (INSURANCE), LTD.

(1925) 23 Ll L Rep 285

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.

THE "MODICA."

(1925) 23 Ll L Rep 286

Overtaking collision in Indio Channel, River Plate - Cross-allegations of negligent navigation-Ships abreast for considerable time-Finding of both to blame- Apportionment (two-thirds: one-third).

THE "SASSA."

(1925) 23 Ll L Rep 286

Ship's necessaries - Wages and disbursements -Judgment-Reference to Registrar -Order for payment out-Motion by first mortgagee-Judgment in default of appearance.

THE "LAMBETH."

(1925) 23 Ll L Rep 290

Collision between sailing barge and steamship in River Thames in dense fog- Barge becalmed-Inference as to excessive speed of steamer from mere fact of collision-Steamship found alone to blame for not reducing her way by reversing.

THE "MASSILIA."

(1925) 23 Ll L Rep 293

Salvage-Services rendered by cable steamship to large steamship aground in Red Sea-Salvage admitted but particulars alleged to be exaggerated-

THE "CORSAIR."

(1925) 23 Ll L Rep 298

Negligence - Damage to barge - Fall of large piece of stone while discharging at wharf - Whether stone properly secured to crane hook by servants of wharfowners.

ADMIRALTY COMMISSIONERS v. GRIMSBY ENGINEERING CO., LTD.

(1925) 23 Ll L Rep 299

Repairs to ship - Vessel in Government employ - Alleged overpayment by Admiralty due to mistake of fact-Certain repairs executed on behalf of owner at verbal request of Admiralty- Practice of Admiralty to pay repairer in such circumstances and to recover from shipowner - Action against repairers -Judgment for defendants.

THE EAGLE OIL TRANSPORT COMPANY, LTD., AND THE ANGLO-MEXICAN PETROLEUM PRODUCTS COMPANY, LTD. v. THE BOARD OF TRADE.

(1925) 23 Ll L Rep 301

Collision between requisitioned ship and Government ship off Invergordon during a warlike operation-Claimants' ship held to blame because of (a) bad look-out, (b) absence of lights - Arbitration - Award - Special case - Negligence held only to qualify the warlike operation and not a separate cause -Indemnity Act, 1920, held not to apply to arbitrations.

VELLOSO & TAIT, LTD. v. J. SMITH & CO.

(1925) 23 Ll L Rep 303

Sale of goods (wine f.o.b.)-Claim for price admitted-Counterclaim by buyers for damages for breach of contract to insure -Insurance with Portuguese company -Insolvency of company-No evidence of negligence on part of sellers in insuring.

W. T. BEAUMONT & SON v. J. & R. GRANT.

(1925) 23 Ll L Rep 305

Lighterage-Hire and detention of barges for carriage of cement - Whether contract made by defendants and whether as agents or as principals - Privity of contract-Lien-"Captain's entry."

G. H. SCALES (PACIFIC), LTD. v. TEMPERLEY STEAM SHIPPING COMPANY, LTD.

(1925) 23 Ll L Rep 312

Charter-party - Incidence of light dues incurred at delivery port before delivery -"Charterers shall provide and pay for . . . port charges, pilotages . . . lights . . . (also to pay all dock, harbour and tonnage dues at the port of delivery and re-delivery) . . ." - Light dues held to be payable only for and during the period of hire.

McNEIL v. LAW UNION & ROCK INSURANCE COMPANY, LTD.

(1925) 23 Ll L Rep 314

Insurance brokers - Commission - Policy issued to assured through instrumentality of plaintiff-Subsequent renewal of insurance effected by cashier of assured as broker in order to effect premium reduction - Whether plaintiff an effective cause in renewal.

SUN SHIPPING COMPANY, LTD. v. WATSON & YOUELL SHIPPING AGENCY, LTD.

(1925) 23 Ll L Rep 318

Charter-party - Demurrage - Readiness to load-Erection of shifting boards- Dispatch money-Arbitration-Award in favour of owners-Special case-Award remitted to umpire for a finding as to custom of the port.

DURIE v. ANCHOR-DONALDSON LINE.

(1925) 23 Ll L Rep 319

Workmen's Compensation Acts, 1906-1923- Injury to ship's fireman in leaping from ship to quay-Regulation that seamen must not leave the ship without written permission-Transgression of regulation -Finding by arbitrators that injury did not arise out of or in the course of seaman's employment-Appeal dismissed.

PEARCE v. PATMORE AND ANOTHER.

(1925) 23 Ll L Rep 319

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"-Settlement.

ELLIOT (or GORMAN) v. BARCLAY, CURLE & CO.

(1925) 23 Ll L Rep 321

Workmen's Compensation Acts, 1906-1923- Shipworker killed by falling into hold of ship-Claim by dependent - Refusal by arbitrator - Alternative routes to "clocking-on" place - Choice of route determined by workman's intention to serve a personal purpose-Appeal upheld on ground that accident arose while doing something on behalf of employer.

PAUL BROS. v. NEW ROSS HARBOUR COMMISSIONERS.

(1925) 23 Ll L Rep 322

Negligence - Loss of cargo - Berthing of steamer-Whether berth unsafe-Contributory negligence.

THE "HAMBURG."

(1925) 23 Ll L Rep 322

Sate of German ship-Application by matter -Barque damaged by stranding-German Marine Laws, Book 4, Sect. 530.

Lloyd's Law Reports