i-law.com

DUKE OF PORTLAND AND OTHERS v. CLARKE AND OTHERS (ADAM WOOD'S TRUSTEES).

(1926) 26 Ll.L.Rep. 1

Coal mines-Lease-Breach of covenant- Strike - "Safety men" withdrawn - Mines flooded-Measure of damages- Whether to be calculated by loss of royalties.

GREGORIADES v. IMPERIAL OTTOMAN BANK.

(1926) 26 Ll.L.Rep. 3

Insurance (fire)-Loss of goods pledged to defendant bank-Alleged agreement by pledges to insure pledgors' goods - Payment by underwriters-Claim by plaintiffs for account - Estoppel - Judgment for bank-Appeal-Security for costs.

THE "STREAM FISHER."

(1926) 26 Ll.L.Rep. 4

Ship-Collision actions-Rival claimants to fund in Court, insufficient to meet all claims-Maritime lien-Priorities-Held that claims should rank pari passu and not in order of date of collision.

THE "BRITISH EARL."

(1926) 26 Ll.L.Rep. 9

Collision between steamships in North Sea during fog-Plaintiff vessel found alone to blame on ground of excessive speed and of improper helm action-Inconsistencies of plaintiffs' evidence.

THE "POOLMINA."

(1926) 26 Ll.L.Rep. 13

Collision between steamship and barge in tow of tug in River Thames - Tug executing turning movement-Turning signal given in time - Steamship, having left dock, proceeding on wrong side of river-Duty of steamship to take care-Judgment for tug and tow.

THE "LAVEROCK."

(1926) 26 Ll.L.Rep. 16

Negligent navigation - Collision between barge in tow and steamship alleged to have been due to negligence of defendant steamship in passing at an excessive speed and at an improper distance- Onus of proof-Judgment for defendant steamship.

N. POULLORIZOS & CO. v. E. CAPELCURE & CO., LTD., AND CARAPANAYOTI.

(1926) 26 Ll.L.Rep. 19

Insurance brokers - Account - Claim by assured against brokers-Policy moneys collected by first defendant broker and paid over to second defendant broker, agent of the plaintiffs-Improper conduct of second defendant-Liability of first defendant-Authority-Judgment against second defendant.

JEBARA v. IMPERIAL OTTOMAN BANK.

(1926) 26 Ll.L.Rep. 20

Banking-Sale of goods-Goods purchased by agent (plaintiff) for principals abroad-Bills of exchange drawn on principals in sterling-Bills and shipping documents handed in to bank in England and sent to foreign branch- Payment by principals to foreign branch of sum in piastres to raise sterling credit in England sufficient to meet bills-Intervention of war- Impossibility of commercial communication -Goods released by bank on payment of piastres-Whether plaintiff entitled to payment in sterling-Agent of necessity.

IN RE CONSOLIDATED ASSURANCE COMPANY, LTD.

(1926) 26 Ll.L.Rep. 23

Company-Compulsory winding up.

THE "KARHU."

(1926) 26 Ll.L.Rep. 24

Towage-Agreement-Lump sum contract- Broach - Vessel sold before contract completed-Liability of former owners- Alleged termination by agreement - Measure of damages.

IN RE SOVEREIGN SHIPPING CO.

(1926) 26 Ll.L.Rep. 24

Company-Compulsory winding up.

BEDFORD PETROLEUM CO., SOCIETE ANONYME FRANCAISE AND ANOTHER v. ARBUCKLE, SMITH & CO.

(1926) 26 Ll.L.Rep. 25

Insurance brokers-Account-Insurance of cargo placed by A (foreign brokers) with defendants (English brokers)- Loss of cargo-Recovery by defendants from underwriters-Balance of accounts as between defendants and A-Duty of defendants to account direct to plaintiffs (owners of cargo)-Right to sue.

THE "SELLASIA."

(1926) 26 Ll.L.Rep. 26

MELLON v. FEDERAL INSURANCE CO.

(1926) 26 Ll.L.Rep. 32

Marine insurance - Damage to boilers - Claim - Covering ". . . Explosions, riots or other causes of whatsoever nature arising either on shore or otherwise . . ."-Inchmaree clause: ". . . Damage to . . . machinery . . . through explosions, bursting of boilers . . . or through any latent defect in the machinery . . ." - Bursting of port boiler while undergoing statutory hydrostatic test - Whether fortuitous - Subsequent leakage of starboard boiler - Whether the result of bursting of port boiler- Right to recover in case of latent defect.

THE "CLARA CAMUS."

(1926) 26 Ll.L.Rep. 39

Collision between steamships off Newfoundland during dense fog-Finding by President of excessive speed of both vessels -Collision Regulations, Art. 16-Equal apportionment-Variation by Court of Appeal - Apportionment by President restored by House of Lords-Quality of error.

McINTYRE v. AYRSHIRE DOCKYARD COMPANY, LTD.

(1926) 26 Ll.L.Rep. 43

Master and servant - Contract of employment by shipbuilding company as general manager-Construction-Commission on net profits-Alleged underpayment - Shipbuilding contract cancelled - Consideration paid by instalment -Agreed profit-Materials left in hands of company-Allocation by auditors over number of years - Impingement on agreed profit by subsequent business losses.

IN RE SWIFT STEAMSHIP COMPANY.

(1926) 26 Ll.L.Rep. 45

Company-Winding up.

THE "GLASGOW."

(1926) 26 Ll.L.Rep. 46

Narrow channel collision between steamships in River Loire - Plaintiff vessel found to blame for not taking engine action in time; defendant vessel found to blame on ground of (1) bad look-out (2) being on wrong side of channel (3) dilatory helm action-Apportionment of blame: one fourth; three fourths.

THE "CLYDEBURN."

(1926) 26 Ll.L.Rep. 49

Collision between moored barge and steamship during fog-Barge damaged and sunk by propeller of steamship - Judgment of barge.

THE "ASHWORTH."

(1926) 26 Ll.L.Rep. 49

Salvage-Award-Apportionment.

WILLIAM FRANCE, FENWICK & CO., LTD. v. CROWN.

(1926) 26 Ll.L.Rep. 52

Ship-Requisition-Emergency legislation- Ship prevented from discharging- Meaning of "requisition"-Necessity for dominion or control - Right to compensation.

SHORT BROS., LTD. v. COMMISSIONERS OF INLAND REVENUE; SUNDERLAND SHIPBUILDING CO., LTD. v. SAME.

(1926) 26 Ll.L.Rep. 56

Revenue-Excess Profits Duty-Shipbuilding company-Cancellation of contract to build ships-(1) Sum paid as compensation - Whether an income receipt - Whether there should be apportionment over contract period-(2) Compensation due before but paid after final accounting period-Whether an income receipt.

ROPNER SHIPPING COMPANY, LTD. v. CLEEVES WESTERN VALLEYS ANTHRACITE COLLIERIES, LTD.

(1926) 26 Ll.L.Rep. 58

Charter-party-Demurrage-"Cargo to be loaded in 150 running hours excluding bunkering time, Sundays, &c."-Ship withdrawn by owners after expiration of running hours from loading position to bunker - Whether charterers liable for demurrage in respect of idle hours during bunkering time.

F. E. NAPIER v. DEXTERS, LTD.

(1926) 26 Ll.L.Rep. 62

Sale of goods (sweet fat f.o.b. London)- Rejection by buyers-Less than full contract quantity delivered-Arbitration- Interim case as to whether buyers entitled to reject goods altogether - Finding against buyers-Further submission -Right of seller to sue for price -Passing of property-Jus disponendi- Appropriation to contract - Award against buyers upheld - Sale of Goods Act, 1893, Sect. 18, Rule 5 (1) (2), Sects. 19 (1), 30 (1), 49.

GALE v. MOTOR UNION INSURANCE COMPANY, LTD. LOYST v. GENERAL ACCIDENT, FIRE & LIFE ASSURANCE CORPORATION, LTD.

(1926) 26 Ll.L.Rep. 65

Insurance (motor car)-Third party risks- Claim-A, owner of car insured with X company, diving car insured with Y company - Risk within ambit of each policy-Dispute between each company as to liability-Rateable contribution- Construction.

GLICKSMAN v. LANCASHIRE & GENERAL ASSURANCE COMPANY, LTD.

(1926) 26 Ll.L.Rep. 69

Insurance - Burglary - Claim - Defence of non-disclosure-Materiality of questions in proposal form - Duty of proposer - Basis of insurance - Uberrim‘ fidei.

THE "NICOLAOS ZAFIRAKIS."

(1926) 26 Ll.L.Rep. 72

Bill of lading-Damage to cargo of wheat by sea water-Cargo shipped in good order and condition-Inferior hatch covers- Faulty hold - Exceptions clause - Whether damage due to unseaworthiness or to perils of the sea-Finding for cargo-owners.

BIRT, POTTER & HUGHES, LTD. v. COMMISSIONERS OF INLAND REVENUE.

(1926) 26 Ll.L.Rep. 75

Revenue-Excess Profits Duty-Profits- Company carrying on more than one business-Right of company to see off deficiencies incurred in one business against profits in another.

BOARD OF TRADE v. TEMPERLEY STEAM SHIPPING COMPANY, LTD.

(1926) 26 Ll.L.Rep. 76

Charter-party T. 99-Hire-Cesser clause operative in case of breakdown of machinery-Condensers out of order- Repairs restricted by Board of Trade surveyor, acting under authority, in spite of contrary opinion-Subsequent breakdown of condensers due to insufficient repairs-Claim by Crown for hire overpaid-Implied term- Prevention of performance of contract -Due to remote cause-Judgment for Crown.

H. FORD & CO., LTD. v. COMMISSIONERS OF INLAND REVENUE.

(1926) 26 Ll.L.Rep. 79

Revenue - Excess Profits Duty - Shipper - Alleged liability to Wheat Commission for demurrage during accounting period -Subsequent abandonment of claim by Commission in return for services rendered by shippers-Whether an absolute or contingent liability during accounting period.

IN RE UNITED GENERAL COMMERCIAL INSURANCE CORPORATION.

(1926) 26 Ll.L.Rep. 81

Insurance company - Deposit - Liquidation -Claim by foreign assured to rank on fund-Business carried on outside U.K. -Summons dismissed-Assurance Companies Act, 1909, Sect. 33 (i).

LEHIGH & WILKES-BARRE COAL CO. v. GLOBE & RUTGERS FIRE INSURANCE CO.

(1926) 26 Ll.L.Rep. 82

Ship-Collision with canal bank-Meaning of "collision" - Insurance policy - ". . . this policy shall also extend to and cover the said vessel's legal liability for any collision . . ."-Construction- Necessity for contact with either ship or floating object.

IN RE NORTHUMBERLAND SHIPBUILDING COMPANY, LTD.

(1926) 26 Ll.L.Rep. 82

Company-Motion by prior lien stock debenture holders-Judgment in default of defence.

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

(1926) 26 Ll.L.Rep. 89

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- Meaning of "alongside."

MAKINS PRODUCE COMPANY (INC.) v. UNION STEAMSHIP COMPANY OF NEW ZEALAND, LTD.

(1926) 26 Ll.L.Rep. 90

Bill of lading-Damage to cargo (eggs) - Shipment in good order and condition- Alleged negligence of shipowners in loading and unloading-Onus of proof.

GREGORIADES AND OTHERS v. IMPERIAL OTTOMAN BANK.

(1926) 26 Ll.L.Rep. 92

Insurance (fire)-Loss of goods pledged to defendant bank-Alleged agreement by pledgees to insure pledgors' goods - Payment by underwriters - Claim by plaintiffs for account-Onus of proof- Estoppel-Judgment for bank upheld.

THE "PRAHOVA."

(1926) 26 Ll.L.Rep. 96

Negligent navigation-Damage to windlass and hawsepipe of plaintiff ship alleged to have been due to added strain in avoiding collision with defendant ship- Both vessels found to blame

THE "HULDRA."

(1926) 26 Ll.L.Rep. 96

Ship's necessaries-Judgment in default of appearance-Appraisement and sale.

THE "DEMOSTHENES."

(1926) 26 Ll.L.Rep. 99

Salvage-Services rendered to steamer in vicinity of quay fire - Tender found sufficient.

WALKER BROS. v. CASHMORE.

(1926) 26 Ll.L.Rep. 100

Arbitration - Award - Contract to remove obstructions in River Ebbw-Construction of contract by arbitrator-Whether reasonable-Whether legal misconduct in refusing to state special case - Motion to set aside award.

IRELAND & SONS v. SOUTHDOWN STEAMSHIP CO., LTD.

(1926) 26 Ll.L.Rep. 103

Charter-party-Discharge of cargo-Ship discharged at dock selected by ship's agents - Extra cost incurred - Right of consignees to nominate dock at which cargo is to be discharged-Custom of the port (Liverpool).

ROWLAND WINN, LTD. v. LANCASHIRE & GENERAL ASSURANCE COMPANY.

(1926) 26 Ll.L.Rep. 106

Principal and agent-Authority-Insurance company-Motor car repairs carried out by plaintiffs at instigation of X., an alleged agent of insurance company- Authority of X-Ratification-Holding out.

IN RE SUN INSURANCE OFFICE, LTD.

(1926) 26 Ll.L.Rep. 107

Company-Alteration of objects.

FRANCIS H. LEGGETT & CO. v. ITALIA-AMERICA SHIPPING CORPORATION.

(1926) 26 Ll.L.Rep. 108

General average-Contribution-Deposit - Right of shipowner to withhold delivery of cargo until cash deposit made - Maritime lien - Reasonableness of security offered-Retention authorised until contributive share is either paid or satisfactorily secured.

THE "MODICA."

(1926) 26 Ll.L.Rep. 111

Charter-party-Freight-"Freight payable per intaken piled fathom of 216 cubic ft., payable on unloading and right delivery" - Measurement of timber cargo-Alleged under-statement-Bills of lading signed by master under protest- Refusal to deliver-Claim by consignees for damages-Counterclaim for additional freight - Re-measurement of cargo - Allegation by defendants of removal of pit props before re-measurement -Cost of re-measurement-Measure of damages.

THE "CALDY."

(1926) 26 Ll.L.Rep. 120

Collision-Limitation of liability.

THE "SAINT SERVAN."

(1926) 26 Ll.L.Rep. 121

Salvage-Services rendered in dense fog by tug to vessel damaged by collision in English Channel-Position of danger- Disablement of steering apparatus- Substantial sum awarded.

NORTH SHIPPING COMPANY, LTD. v. JOSEPH RANK & CO., LTD.

(1926) 26 Ll.L.Rep. 123

Bill of lading-Short delivery (wheat in bags)-Claim by shipowners for freight admitted-Counterclaim by cargo-owners for short delivery-Onus of proof.

WASSERMANN v. BLACKBURN.

(1926) 26 Ll.L.Rep. 127

Insurance-Bankers' and brokers' policy- Policy covering loss of securities by robbery, &c., and any other loss whatsoever through fraud, &c. - Plaintiff fraudulently induced to discount accommodation bills-Bills through fraud on underwriters endorsed. "Approved on behalf of underwriters"-Construction of policy-Judgment for plaintiff.

ROBERTSON v. ANGLO-AMERICAN OIL COMPANY; ROVIRA v. SAME.

(1926) 26 Ll.L.Rep. 137

Workmen's compensation - Crew returning by boat to ship not moored at quay- Leaky boat-Men drowned-Claim by dependents - Obligation to return but no obligation to use particular boat- Act of volition-Held that the men had not returned to the sphere of their employment -Appeal dismissed.

THE "CARRON."

(1926) 26 Ll.L.Rep. 143

Collision between dumb barges in tow and steamship in Upper Pool, River Thames -Steamship emerging from a byway- Warning blast sounded-No obligation on craft navigating in river to give warning of approach - Negligence of steamship in not waiting for safe passing of upcoming traffic-Judgment for barges.

THE "FIDELITAS."

(1926) 26 Ll.L.Rep. 146

Collision between steamships in North Sea during fog-Total disregard of sea rules by defendant ship - Judgment for plaintiffs.

THE "FOLKVARD."

(1926) 26 Ll.L.Rep. 150

Salvage-Award-Apportionment.

THE "ATSUTA MARU."

(1926) 26 Ll.L.Rep. 151

Salvage-Services rendered to steamship in dangerous proximity to quay fire - Vessel towed from danger area-Sum awarded.

B. ROBERTS v. ANGLO-SAXON INSURANCE ASSOCIATION, LTD.

(1926) 26 Ll.L.Rep. 154

Insurance (motor car)-Loss by fire-Warranty that car should be used only for commercial purposes - Car destroyed while carrying passengers-Claim-Arbitration -Award in favour of assured- Whether warranty a condition precedent to liability-Whether broken-No evidence of habitual irregular user- Ambiguity-Costs of award-Alleged agreement by arbitrator to arbitrate for a named sum-Subsequent direction to losing party to pay further sum in costs-Whether sufficient ground to set aside award.

GORDON ALISON & CO., LTD. v. WALLSEND SLIPWAY CO., LTD.

(1926) 26 Ll.L.Rep. 159

Repairs to ship-Contract-Breach-Supply of cylinder to ship-repairers by defendants - Defective cylinder - Claim for damages - Ship delayed - Demurrage paid by plaintiffs to shipowners - Whether recoverable from defendants as consequential damages - Whether plaintiffs could have minimised damages by patching - Clauses in contract limiting liability to actual repair damages- "All offers are subject to our usual strike and guarantee clause, &c."- Ambiguity-Judgment for plaintiffs.

IN RE ADAM BROTHERS, LTD.

(1926) 26 Ll.L.Rep. 165

Company-Shares-Reduction of capital- Re-organisation - Alteration of memorandum of association.

IN RE CLAYMORE SHIPPING CO., LTD.

(1926) 26 Ll.L.Rep. 165

Company-Shares-Reduction of capital.

IN RE ETHEREDGE'S TRANSPORT & SHIPPING AGENCY, LTD.

(1926) 26 Ll.L.Rep. 165

Company-Shares-Reduction of capital.

SANNE v. BALLANTYNE & CO.

(1926) 26 Ll.L.Rep. 166

Charter-party - Cancellation date inserted by brokers in each of consecutive charter-parties-Failure of ship to arrive at loading port within cancellation date of third charter-party-Option of charterer to cancel exercised - Fall in freights-Claim by shipowner against brokers for damages-Right of broker to insert cancellation dates in each of consecutive charter-parties-Authority- Custom-Judgment for shipowner.

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

(1926) 26 Ll.L.Rep. 169

Charter-party - Freight - "Centrocon" charter-party - Carriage of full and complete cargo of wheat and/or maize and/or rye-(6) "Charterers have the option of shipping other lawful merchandise . . . in which case freight to be paid on steamer's deadweight capacity for wheat in bags . . . at the rate above agreed on for heavy grain . . . ."-Vessel completely loaded partly with contemplated cargo and partly with optional cargo - Construction - Whether freight calculated on loaded weight or on outturn weight.

HIGHLAND RAILWAY COMPANY v. A. & G. PATERSON, LTD. ET E CONTRA.

(1926) 26 Ll.L.Rep. 172

Contract-Offer and acceptance-Offer by railway company to unspecified persons to carry home-grown timber at standard rate - ". . . the present exceptional rates . . . shall continue during the period of the war, and for so long after the period of the war as the present arrangement entered into between the Government and the railway companies remains in force"-Right to withdraw offer-Powers under Ministry of Transport Act, 1919.

F. E. NAPIER v. DEXTERS, LTD.

(1926) 26 Ll.L.Rep. 184

Sale of goods - Rejection by buyers - "London sweet fat . . . Delivery during the month of October, 1925, f.o.b. London steamer. Cash against mate's receipt. Usual terms and conditions. . . . Each delivery to stand as a separate contract" - Less than full contract quantity delivered - Arbitration - Consultative case as to whether buyers entitled to reject goods altogether - Finding against buyers - Further submission -Special case stated-Right of seller to sue for price - Passing of property - Jus disponendi - Appropriation to contract - Mate's receipt not handed over to buyers - Finding that property had passed-Question of fact -Award in favour of seller upheld - Sale of Goods Act, 1893, Sect. 18, Rule 5 (1) (2), Sects. 19 (1) 30 (1), 49.

THE "ANNA KAYSER."

(1926) 26 Ll.L.Rep. 190

Ship-Wages-Liability of plaintiffs to pay insurance premiums on behalf of German seamen-Ship previously sold by order of Court-Right of plaintiffs to rank on fund - Case referred to Registrar for investigation.

MANCOMUNIDAD DEL VAPOR "FRUMIZ" v. ROYAL EXCHANGE ASSURANCE.

(1926) 26 Ll.L.Rep. 191

Insurance (marine) - Policy - Claim - Striking of rocks by vessel-"Subject to the Institute 'F.P.A. absolutely' time clauses as annexed, but this insurance to include damage received by collision with any object (ice included) other than water"-Construction-Whether a "collision" within the meaning of the policy.

LLOYD ROYAL BELGE S.A. v. LOUIS DREYFUS & CO.

(1926) 26 Ll.L.Rep. 196

Charter-party - Freight - Counterclaim for damage to cargo - Claim by shipment for balance of freight-Agreement between parties-Accord and satisfaction - Rate of exchange - Debts - Time for conversion.

IN RE BRITISH-HISPANO LINE, LTD.

(1926) 26 Ll.L.Rep. 199

Company-Shares-Reduction of capital.

MERCHANTS MARINE INSURANCE COMPANY, LTD. v. NORTH OF ENGLAND PROTECTION & INDEMNITY ASSOCIATION.

(1926) 26 Ll.L.Rep. 201

Collision-Damage to floating crane by collision with steamship-Claim by steamship for indemnity - Whether floating crane a "ship or vessel" -Adaptability for navigation.

REA TOWING COMPANY, LTD., AND OWNERS OF STEAMSHIP "OTARAMA" v. MANCHESTER SHIP CANAL COMPANY.

(1926) 26 Ll.L.Rep. 203

Negligence-Damages (by grounding) to tug and to steamship in tow of tug in entrance channel of Manchester Ship Canal-Propeller of tug fouled by chain left on bank of navigable channel -Claim by owners against canal company -Position of tug as trespasser and as invitee considered-Whether chain an obstruction to the navigable channel -Finding in favour of canal company.

THE "STIKLESTAD."

(1926) 26 Ll.L.Rep. 214

Salvage - Services rendered by tug and steamships to steamship in damaged condition in Atlantic during very heavy weather-Propeller tail shaft broken- Serious position of salved vessel - Services extending over six weeks - Appeal against best salvage rate awarded to tug-Rules for interference with quantum.

THE "MEDOMSLEY."

(1926) 26 Ll.L.Rep. 215

Collision between steamships in Atlantic during fog-Plaintiff steamship held to blame for (1) excessive speed; (2) failure to hear defendant steamship's whistle signal; and (3) failure to stop and reverse her engines.

THE "TYDEUS."

(1926) 26 Ll.L.Rep. 221

Salvage - Services rendered to steamship disabled off Japan - Vessel towed 72 miles to Kobe-High values of salved and salving steamships belonging to same owners-Claims (1) by shipowners against owners of salved cargo; (2) by master and crew against whole adventure -Substantial sum awarded.

THE "VALSESIA."

(1926) 26 Ll.L.Rep. 222

Salvage - Services rendered by tugs to steamship ashore in Barry Roads - Agreement between tugs and steamship -Lump sum contract-Failure of tugs to carry out agreement due to negligence of steamship - Onus of proof - Measure of damage - Sum awarded against shipowners.

THE "CARRICKMORE."

(1926) 26 Ll.L.Rep. 226

Collision between sailing barge and steamship in Gravesend Reach - Steamship found alone to blame for negligent navigation and for bad look-out-Port of London River By-laws, 1914, No. 38.

ADMIRALTY COMMISSIONERS v. COX & KING.

(1926) 26 Ll.L.Rep. 230

Shipbuilding-Contract to build motor-boat for Admiralty-Installation of engines supplied by Admiralty-Speed guaranteed by defendants-Failure of engines to attain necessary brake horse-power in boat and consequently of boat to attain guaranteed speed-Construction of contract - Claim by Admiralty for return of contract price allowed.

GABELA v. VERGOTTIS & CO.

(1926) 26 Ll.L.Rep. 238

Sale of ship-Repudiation by seller- Award -Motion to set aside award as bad in law dismissed.

CAMPBELL & PHILLIPPS, LTD. v. GENERAL COMMERCIAL COMPANY (OF LONDON), LTD.

(1926) 26 Ll.L.Rep. 239

Sale of goods (groundnuts) - Rejection - "Particulars of shipment, with date of bill or bills of lading . . . shall be declared in London not later than 45 days from the date of bill of lading . . . In case of resales copy of original appropriation shall be passed on without delay (and by wire if buyers and sellers do not reside in the same town)" - Resale - Arbitration - Consultative case-Construction of the contract - Custom of oil seed trade - Repugnancy.

WITHAM OUTFALL BOARD v. CORPORATION OF BOSTON.

(1926) 26 Ll.L.Rep. 241

Docks, rivers, &c.-Damage to fascine works by steamship-Liability of Boston Corporation to indemnify Outfall Board-Boston Dock Act, 1881, Sect. 9 (5) (7) (9).

KOKUSAI KISEN KAISHA v. LOUIS DREYFUS & CO

(1926) 26 Ll.L.Rep. 251

Charter-party - Freight - Discount - "Freight less advances, if any, to be paid on unloading and right delivery of the cargo, in cash, but if ordered outside the U.K. to discharge, in London concurrent with discharge, but in any case subject to two months' discount at 5 per cent. per annum"-Construction.

REDERI AKTIEBOLAGET TRANSATLANTIC v. LA COMPAGNIE FRANCAISE DES PHOSPHATES DE L'OCEANIE.

(1926) 26 Ll.L.Rep. 253

Charter-party-Demurrage-Cargo to be loaded and discharged at certain rate per day-". . . lay days not to count during the period of such delay . . . and demurrage not to accrue . . . At charterers' option any days . . . not consumed in loading may be added to the time for discharging and any extra time consumed in loading may be deducted from the time for discharging" -Meaning of extra time consumed in loading-Whether "demurrage" days or "weather working" days to be reckoned.

THE "SIGURD" AND OTHER VESSELS.

(1926) 26 Ll.L.Rep. 256

Prize - Sale - Proceeds - Transfer to Custodians of Enemy Property. Prize-Freight-Transfer to Custodians of Enemy Property.

Prize-Order for condemnation.

Prize - Sale - Transfer of proceeds to Exchequer.

KOCH BROS. v. UNITED SHIPPING COMPANY, LTD.

(1926) 26 Ll.L.Rep. 257

Sale of goods (bristles)-Account-Identity of plaintiffs-Right to sue-Money had and received-Right to award interest.

MOLTHES REDERI A/S v. ELLERMAN'S WILSON LINE, LTD.

(1926) 26 Ll.L.Rep. 259

Charter-party - Sub-charter - Freight - Lien-"Master or owners to have an absolute lien upon the cargo for all freight, dead freight, demurrage . . ." -Defendants appointed agents of owners and of charterers-Notice to defendants by charterers to collect sub-freights - Subsequent notice (before payment) to defendants by owners to collect sub-freights on owners' account -Disbursements made by agents on behalf of charterers-Liability of agents to account to owners-Tagart, Beaton & Co. v. Fisher & Sons, [1903] 1 K.B. 391, distinguished.

IN RE AN ARBITRATION BETWEEN LEWIS & PEAT, LTD., AND CATZ AMERICAN COMPANY (INCORPORATED).

(1926) 26 Ll.L.Rep. 263

Sale of goods (pepper, c.i.f. New York)- Documents - Tender - Refusal to take up bill of lading-Arbitration-Request to tribunal to state a case for the opinion of the Court whether bill of lading a good tender - Failure so to state-Misconduct-Motion to set aside award allowed.

HORLOCK v. BRADING CEMENT CO.

(1926) 26 Ll.L.Rep. 265

Charter-party - Deviation - Insufficient draught to enable ship to enter harbour -Disputed agreements as to substituted discharging port and as to extra expense incurred-Claim by shipowners for freight allowed - Counterclaim by consignees for extra expense dismissed.

ARMY, NAVY & GENERAL ASSURANCE ASSOCIATION, LTD. v. EAGLE, STAR & BRITISH DOMINIONS INSURANCE COMPANY, LTD., AND THE OWNER DRIVERS' CLUB, LTD.

(1926) 26 Ll.L.Rep. 267

Trade mark-Infringement-"Passing off."

Lloyd's Law Reports