i-law.com

THE "JUPITER."

(1927) 27 Ll.L.Rep. 1

Ship-Possession-Title-Vessel originally the property of Russian steamship company, later vested in administrators appointed by French Court to preserve possession for true owners, handed over by captain to Russian Soviet representatives and then sold by them to defendants - Position of captain as bailee and as custodian considered - Right to sue-Declaration of ownership by foreign sovereign state - Effect of Soviet decrees on title of administrators -Onus of proof.

THE "HEILO."

(1927) 27 Ll.L.Rep. 15

Bill of lading-Damage to goods-Notice of damage to be given to agents of shipowners within 48 hours of landing- Finding by County Court Judge that notice was given to owners' agents and in time-Alleged misdirection-Appeal by shipowners dismissed.

THE "SWAN."

(1927) 27 Ll.L.Rep. 18

Negligent navigation-Seamanship-Collision between steam keels at Goole jetty-Admitted liability of defendants -Anchor of plaintiff vessel allowed to hang over bow-Whether contributory negligence-Finding by County Court Judge of no evidence showing negligence -Absence of local rules-Appeal by defendants dismissed.

THE "RUFUS."

(1927) 27 Ll.L.Rep. 20

Collision between steam lighter and lighter in tow of tug in River Thames during fog-Improper helm action of defendant tug in wrong water-Judgment for steam lighter.

ERNST BEHNKE v. BEDE STEAM SHIPPING COMPANY, LTD.

(1927) 27 Ll.L.Rep. 24

Sale of ship - Contract - Breach -Deposit with broker as stakeholder - Whether part payment - Note or memorandum in writing - Vessel of peculiar and practically unique value to plaintiff - Specific performance decreed - Sale of Goods Act, 1893, Sects. 4, 52, 62.

PROVINCIAL INSURANCE COMPANY, LTD. v. CROWDER.

(1927) 27 Ll.L.Rep. 28

Insurance - Reinsurance - Claim - Settlement - Quarterly adjustment of accounts between broker and underwriter at Lloyd's-Liability of underwriter -Custom at Lloyd's for broker to assume underwriter's liability to assured not proved.

THE "ARCTIC."

(1927) 27 Ll.L.Rep. 32

Collision between steamship and barge in tow of tug in River Mersey-Liability of plaintiffs in not reducing way; of defendants in taking wrong helm action and in encroaching upon plaintiffs' water-Apportionment of blame: one-fourth; three-fourths.

CLYDE NAVIGATION TRUSTEES v. "BARON VERNON" (OWNERS OF).

(1927) 27 Ll.L.Rep. 33

Rivers - Removal of wreck by Authority (River Clyde)-Steamship sunk in fairway after collision with steamship M. -Admitted liability of M.-Expenses incurred by Authority in removal- Remedies in rem and in personam against innocent owner-Liability for (1) widening of channel by dredging; (2) removal of siltation by dredging; (3) marine and employers' insurance; and (4) watching and lighting-Depreciation and interest on cost of Authority's plant-Whether prime cost or present day value to be reckoned- Clyde Navigation (Amendment) Act, 1868, Sect. 33 - Clyde Navigation Act, 1899, Sect. 49-Construction.

EQUITABLE TRUST COMPANY OF NEW YORK v. DAWSON PARTNERS, LTD.

(1927) 27 Ll.L.Rep. 49

Banking - Confirmed credit granted at defendants' (buyers') request - Claim by issuing bank (plaintiffs) for indemnity -Sale of goods-Fraud of third party (seller) in Batavia-Term of credit that there should be a Dutch Government certificate as to quality "to be issued by experts who are sworn brokers, signed by the Chamber of Commerce" -Instructions issued through "correspondent" bank nominated by defendants and adopted by issuing bank- Relationship between defendants and "correspondent" bank - Decoding of cable message - Code word denoting singular or plural-Ambiguity-Meaning of "Chamber of Commerce" - Judgment for defendants (buyers).

D. & J. KOSKAS v. STANDARD MARINE INSURANCE COMPANY, LTD.

(1927) 27 Ll.L.Rep. 59

Insurance (Marine) - Damage to goods (bales of sole leather heads) by sea water-Claim by holders of certificate of insurance - "This certificate represents and takes the place of the policy . . ."-Clause in certificate that notice to Lloyd's Agent to be condition precedent - Onus of proof-Failure of insurers (appellants) to make contract reasonably clear-Appeal dismissed.

IN RE UNITED GENERAL COMMERCIAL INSURANCE CORPORATION.

(1927) 27 Ll.L.Rep. 63

Insurance company-Deposit-Employers' liability insurance policies issued from London office-Liquidation of insurance company - Claim by assured (trading abroad) to rank on fund-Carrying on business outside U.K.-Assurance Companies Act, 1909, Sects. 1 (d), 33 (1) (i) -Construction.

THE "HILDA."

(1927) 27 Ll.L.Rep. 67

Salvage - Services rendered by trawler to steamship disabled in English Channel -Found to be no imminent danger but to be a good service - Tender insufficient.

THE "CASSARD."

(1927) 27 Ll.L.Rep. 69

Salvage - Services rendered by tugs to steamship damaged by collision off Folkestone - Vessel taken in tow, beached at Sandgate, patched up, pumped out and towed to Dover - Alleged exaggerated account - Substantial sum awarded.

THE "JUPITER."

(1927) 27 Ll.L.Rep. 75

Ship-Possession-Title-Vessel originally the property of Russian steamship company, later vested in administrators appointed by French Court to preserve possession for true owners, handed over by captain to Russian Soviet representatives and then sold by them to defendants - Position of captain as bailee and as custodian considered - Right to sue-Declaration of ownership by foreign sovereign state - Effect of Soviet decrees on title of administrators -Onus of proof-Interest-Costs.

THE "SODUPE."

(1927) 27 Ll.L.Rep. 76

Salvage - Services rendered to steamship disabled in Atlantic-Vessel towed 1136 miles to St. Michaels (Azores)-Small value of salved vessel-Comparatively large sum awarded-Cost to owners of salving ship in rendering service taken into account in apportioning award between owners and crew of salving ship.

IN RE CRICHTON, THOMPSON & CO., LTD.

(1927) 27 Ll.L.Rep. 79

Contract of employment with company - Valuation of craft - Claim against liquidator of company for fees - Small sum awarded.

READ AND ANOTHER v. GRECH.

(1927) 27 Ll.L.Rep. 79

Salvage agreement-Assignment of shares in salving ship to defendant in consideration of his joining venture - Venture frustrated - Claim for cancellation of bill of sale - Motion for judgment in default of defence.

SHORT BROTHERS v. COMMISSIONERS OF INLAND REVENUE.

(1927) 27 Ll.L.Rep. 81

Revenue-Excess Profits Duty-Shipbuilding company - Cancellation of contract to build ships-Sum paid as compensation -Whether a profit "arising from any trade or business" or a capital receipt -Whether there should be apportionment over contract period - Finance (No. 2) Act, 1915, Sect. 38.

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

(1927) 27 Ll.L.Rep. 84

Revenue - Excess Profits Duty - Profits - Company carrying on separate businesses - Right of company to set off deficiencies incurred in one business against profits in another - Unit of assessment-Whether the personality or the activity-Finance (No. 2) Act, 1915, Sects. 38, 39, 40.

THE "CASSARD."

(1927) 27 Ll.L.Rep. 91

Collision between steamships in English Channel during fog-Liability of defendant steamship for improper helm action.

THE "INNISULVA."

(1927) 27 Ll.L.Rep. 98

Overtaking collision between steamships in Ghent-Terneuzen ship canal-Conflict of evidence as to which was overtaken vessel-Finding for defendants.

THE "MARSH COCK."

(1927) 27 Ll.L.Rep. 101

Collision between steam derrick vessel and tug in Liverpool dock-Absence of look-out on each vessel - Both found to blame.

THE "KAMBOLE."

(1927) 27 Ll.L.Rep. 103

Salvage - Services rendered by tugs to steamship aground after collision in River Thames-Risks to tugs in working in shallow water in proximity to cables and anchor chains - Service useful in saving master of steamship from taking risks with engines.

R. B. CHELLEW STEAM NAVIGATION CO., LTD. v. ASSOCIATED LONDON FLOUR MILLERS, LTD.; SAME v. GEORGE S. CROMBIE.

(1927) 27 Ll.L.Rep. 106

Ship - Cargo - Discharge - Claim by shipowners against consignees for extra expense incurred in discharging - Stevedores' increased rates for discharging grain with more than 1 per cent. dust - Rough-and-ready analysis by P.L.A. showing over 3 per cent.- Accurate analysis by defendants showing less than 1 per cent.-Acceptance by Judge of defendants' analysis- Judgment for defendants.

McALLISTER & CO. (INC.) v. WESTERN ASSURANCE COMPANY OF THE CITY OF TORONTO; SAME v. LIVERPOOL, LONDON & GLOBE INSURANCE COMPANY.

(1927) 27 Ll.L.Rep. 109

Insurance (marine) - Claim - Opening of seams of seaworthy barge due to negligent unloading by stevedores- Claim by assured to recover expenditures incurred to prevent sinking, &c.- Peril of the sea-Causa proxima.

THE "RUAPEHU."

(1927) 27 Ll.L.Rep. 113

Negligence-Damage to ship-Outbreak of fire in dry dock-Ship-repairers held to blame-Right of repairers, as owners of dry dock, to limit their liability- Merchant Shipping (Liability of Shipowners and Others) Act, 1900, Sect. 2.

ALBERT E. REED & CO., LTD. v. PAGE, SON & EAST.

(1927) 27 Ll.L.Rep. 114

Lighterage-Damage to cargo-Breach of warranty to provide seaworthy vessel- Unseaworthiness of barge-Bad stowage - Overloading - Stages of contract undertaken-London Lighterage Clause -Judgment for goods-owners.

THE "GOULANDRIS."

(1927) 27 Ll.L.Rep. 120

Ship-Salvage-Lloyd's standard from of salvage agreement - Ship salved and taken to Constantinople-Maritime lien - Ship allowed to proceed to Alexandria subject to immediate arrest there - Saisie conservatoire - Bankruptcy of shipowner before arrival of ship at Alexandria-Ship sold to defendants by syndic (trustee in bankruptcy) with approval of Egyptian Court-Sale cum onere - Failure of shipowner to implement salvage agreement-Salvage award not performed-Whether Lloyd's form a bar to subsequent action for salvage - Right of salvors (plaintiffs) to arrest vessel in England to enforce maritime lien - Motion by defendants to set aside writ dismissed.

FORDREY v. SCRUTTONS, LTD.

(1927) 27 Ll.L.Rep. 128

Master and servant - Personal injuries to lighterman-Negligence of defendants' servants-Substantial sum awarded.

THE "JUNI."

(1927) 27 Ll.L.Rep. 128

Mortgage of ship - Wages - Ship's necessaries - Judgment in default of appearance.

THE "METAGAMA."

(1927) 27 Ll.L.Rep. 129

Collision between steamships in River Clyde - Plaintiff vessel beached in position No. 1 to prevent sinking-Subsequent slipping off bank and drift across river to position No. 2, parallel with river, where vessel taken charge of by navigation authorities and by salvage experts-Further alteration to athwart river (position No. 3) - Abandonment as total loss - Liability of defendant steamship for collision admitted - Measure of damage-Liability of defendants for damages resulting from vessel's No. 3 position - Whether collision the proximate cause - Novus actus interveniens - Onus of proof - Failure of defendants to prove negligence in respect of non-maintenance of vessel in position No. 3.

IN RE PALMERS SHIPBUILDING & IRON COMPANY, LTD.

(1927) 27 Ll.L.Rep. 129

Company-Shares-Reduction of capital- Scheme of arrangement.

IN RE SIR W. G. ARMSTRONG, WHITWORTH & CO., LTD.

(1927) 27 Ll.L.Rep. 129

Company-Scheme of arrangement.

ERSKINE v. CLYDE PILOTAGE AUTHORITY.

(1927) 27 Ll.L.Rep. 149

Pilotage - Dues - Right of authority to modify or adjust pilotage dues specified in schedule to private Act - Ultra vires-Need for confirmation by Board of Trade.

LAKE v. SIMMONS.

(1927) 27 Ll.L.Rep. 153

Insurance (jewellery) - Loss - Claim - Jewellery obtained by fraudulent third person-Larceny by a trick- Exception class: "Loss by theft or dishonesty committed by . . . any customer . . . in respect of goods entrusted to" (her)-Whether goods "entrusted" within the meaning of the policy- Construction of business document.

THE "JUPITER."

(1927) 27 Ll.L.Rep. 155

Collision between steamship in River Tyne -Defendant vessel in act of moving away from berth-Insufficiency of time and distance for plaintiff vessel to pass safely-Judgment for defendants.

THE "UNION."

(1927) 27 Ll.L.Rep. 159

Collision between steamships in entrance channel to Cardiff dock-Plaintiff vessel in process of docking-Failure to prove negligence of defendants or that damage suffered was caused by defendant vessel-Judgment for defendants.

THE "PANAGHIS VERGOTTIS."

(1927) 27 Ll.L.Rep. 164

Bill of lading-Non-delivery-Loss of deck cargo jettisoned to cure heavy list- Unseaworthiness-Defence that loss was caused by perils of the sea - Finding that ship was insufficiently stable to encounter ordinary weather-Counterclaim in respect of general average sacrifice dismissed - Judgment for cargo-owners.

THE "ERNA."

(1927) 27 Ll.L.Rep. 170

Dragging collision between steamships in Cuxhaven Roads-Finding that defendant ship dragged towards the plaintiff ship-Inference to be drawn from direction of heavy squall-Remarks of Bateson, J., in respect of unsatisfactory preliminary acts.

EAGLE, STAR & BRITISH DOMINIONS INSURANCE COMPANY, LTD. v. A. V. REINER.

(1927) 27 Ll.L.Rep. 173

Marine insurance-Reinsurance-Rectification of policy to accord with slip- Slip tendered to underwriter in form: ". . . sailed Valencia 23/12 W/T Gibraltar 27/12 a.p.l. Spain-Antwerp . . ."-Insertion by underwriter of words "on a voyage from," bracketed with "Gibraltar"-Customary meaning at Lloyd's-Limitation of risk.

MAWHINNEY AND OTHERS v. E. & H. REID & CO.

(1927) 27 Ll.L.Rep. 177

Insurance brokers - Cover note issued in respect of ship by defendants to plaintiffs -Loss of ship before policy issued - Authority of defendants to issued cover repudiated by insurers-Alleged breach of warranty of authority - Correspondence wrongfully admitted in evidence in action before Judge and jury - Marine Insurance Act, 1906, Sects. 21, 22, 89-Appeal by defendants allowed.

PORTER AND OTHERS v. BANK LINE, LTD.; MALCOLM & CO. AND OTHERS v. SAME; ROGERS-PYATT SHELLAC CO. v. SAME; RIEGEL SACK CO. v. SAME. (THE "POLERIC.")

(1927) 27 Ll.L.Rep. 180

Bill of lading-Loss of cargo by fire-Fire statute of United States - Waiver of statute-Exception clause in bill of lading -". . . all the above exceptions are conditional, on the vessel being seaworthy when she sails on the voyage . . ."-Precarious condition of machinery within knowledge of shipowner - Repairs effected after survey, but shipowner's knowledge of defects not communicated to surveyor-Finding that ship was unseaworthy and that there was negligence on shipowner's part-Judgment for cargo-owners.

IN RE RAILWAYS ACT, 1921. APPEAL OF MANCHESTER SHIP CANAL COMPANY. SAME. APPEAL OF DOCK AND HARBOUR AUTHORITIES ASSOCIATION.

(1927) 27 Ll.L.Rep. 189

Docks owned by railway companies- Delimitation between dock and railway - Adjustment by Railway Rates Tribunal of charges to revenue - Alleged inadequacy of charges in respect of "ancillary or subsidiary" business -Unfair advantage over non-railway docks - Appeal against definition adopted by Railway Rates Tribunal allowed, but no alternative definition laid down-Dependent upon particular circumstances of each dock and upon the statutes governing it-Railways Act, 1921, Sects. 28 (1) (f), 58 (4), 59 (6), and Schedule V (11)-Construction.

JEBARA v. IMPERIAL OTTOMAN BANK.

(1927) 27 Ll.L.Rep. 203

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.

THE "ELEFTHERIOS K. VENIZELOS."

(1927) 27 Ll.L.Rep. 205

Collision between steamships in River Elbe -Defendant steamship at anchor - Conflict of evidence as to state of weather, position of defendant vessel and whether defendant vessel's anchor lights were burning-Finding that speed of plaintiff vessel was in the circumstances excessive-Judgment for defendants.

THE "INDUNA."

(1927) 27 Ll.L.Rep. 209

Collision between steamships in Atlantic during fog-Finding for defendants on ground of excessive speed of plaintiff vessel.

THE "P.L.M. 21."

(1927) 27 Ll.L.Rep. 214

Negligent navigation-Towing of steamship into dock-Tug capsized owing to breaking of bridle-Finding of no negligence in tug or steamship - Inevitable accident.

HUGHES, BOLCKOW SHIPBREAKING COMPANY, LTD. v. BLYTH HARBOUR COMMISSIONERS.

(1927) 27 Ll.L.Rep. 217

Harbours - Agreement between shipbreaking company and harbour commissioners -Right of access to harbour-Entry of vessel to be broken up refused until draught lessened - Mandamus - Case adjourned sine die with a view to settlement.

BRADLEY & SONS v. FEDERAL STEAM NAVIGATION COMPANY, LTD.

(1927) 27 Ll.L.Rep. 221

Bill of lading-Damage to cargo-"Brown heart" in apples-Whether caused by absence of ventilation or by inherent vice-Australian Sea Carriage of Goods Act, 1904, Sects. 5, 8.

ADMIRALTY COMMISSIONERS v. COX & KING.

(1927) 27 Ll.L.Rep. 223

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- Appeal of boatbuilders dismissed.

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

(1927) 27 Ll.L.Rep. 230

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-Appeal dismissed.

DEUTSCHES KOHLEN DEPOT GESELLSCHAFT M.B.H. v. AKTIESELSKABET "BRASK."

(1927) 27 Ll.L.Rep. 233

Charter-party-Unseaworthiness - Rudder broker on voyage-Salvage and general average expenses incurred-Test of seaworthiness -Inference to be drawn from periodical surveys and from classification in Norske Veritas-Onus of proof -Failure of charterers to prove unseaworthiness -Rudder damage found to be due to perils of the sea-Judgment for shipowners.

THE "SCHIEVAN" AND THE "THALATTA."

(1927) 27 Ll.L.Rep. 233

Ships' necessaries-Wages-Appraisement and sale-Priorities reserved.

McDOUGALL & BONTHRON, LTD. v. W. R. CUNIS, LTD.

(1927) 27 Ll.L.Rep. 248

Negligence-Damage to barge-Plaintiffs' barge hung up on defendants' barge- Finding that defendant vessel was improperly moored-Alleged contributory negligence-Onus of proof-Judgment for plaintiffs.

TAYLOR v. LEWIS, LTD.

(1927) 27 Ll.L.Rep. 250

Charter-party-Demurrage-Prevention of performance of contract by emergency regulations-Whether within contemplation of parties when contract entered into-Added guarantee clause to discharge within specified period-Whether defeated by operation of customary exceptions clause-Construction.

THE "STORK."

(1927) 27 Ll.L.Rep. 252

Collision between steamships in River Thames-Improper helm action-"Short cut" in bight without regard to "starboard-hand" rule-Both found to blame.

IN RE AN ARBITRATION BETWEEN R. & H. HALL, LTD., AND W. H. PIM, JUNIOR, & CO., LTD.

(1927) 27 Ll.L.Rep. 253

Sale of goods - Breach - Measure of damages-Agreement by A to sell wheat c.i.f. to B-Subsequent string contracts B-C-D-Admitted failure of A to tender documents to B-Claim by B against A for damages representing loss of profit on resale and for indemnity against claims by C and D-Contemplation of parties when contract entered into-Finding of arbitrator that chances of resale by B or of B taking delivery about equal - Hammond v. Bussey 20 Q.B.D. 79, discussed - London Corn Trade Association Australian Wheat Contract No. 12 as evidencing intention to resell-Ambiguity-Application of rule in Hadley v. Baxendale.

THE "GULLKRONA."

(1927) 27 Ll.L.Rep. 260

Negligence - Damage to vessel - Alleged defective berth-Claim by shipowners against charterers-Election by master to take risk of injury to ship in face of previous knowledge of condition of berth and formation of ship- Finding that berth was safe-Negligence of crew in attendance upon ropes - Damage due to shifting of vessel in berth-Judgment for charterers.

JOHN MOWLEM & CO., LTD. v. ELLERMAN'S WILSON LINE, LTD. (THE "MOROCCO.")

(1927) 27 Ll.L.Rep. 270

Negligent navigation - Damage to dolphin by steamship in process of docking- Alleged negligence of dockmaster in course of his duties disproved-Scope of dockmaster's duty - Ship found to blame.

THE "GIRASOL."

(1927) 27 Ll.L.Rep. 273

Collision-Limitation of liability.

GOLDSTONE v. LANCASHIRE & GENERAL ASSURANCE COMPANY, LTD.

(1927) 27 Ll.L.Rep. 274

Insurance (burglary)-Loss-Claim-Alleged agreement to settle claim disproved- Judgment for insurers.

WALLEM REDERI A/S v. WM. H. MULLER & CO. (BATAVIA).

(1927) 27 Ll.L.Rep. 277

Charter-Party-Dead freight-Failure of charterers to load full cargo-Deviation -Implied term-Right of shipowner, acting reasonably, to deviate to fill up vacant chartered space-Mitigation of damages.

IN RE LIVERPOOL MARINE & GENERAL INSURANCE COMPANY, LTD.

(1927) 27 Ll.L.Rep. 280

Company-Shares-Reduction of capital.

THE "DEVANHA."

(1927) 27 Ll.L.Rep. 281

Bill of lading - Damage to cargo (basils) found to have been caused by condensation due to unshipping of ventilators during stormy weather-Whether a peril of the sea - Shipowners in any case covered by Australian Sea Carriage of Goods Act, 1924, Sect. 4, Rule 2 (a)- Default in navigation of ship.

THE "HAUK."

(1927) 27 Ll.L.Rep. 284

Collision in River Clyde - Dispute as to which was the overtaken vessel - Steamships abreast for a mile and a half-Collision due to suction-Collision Regulations, Art. 24-Both held to blame-Apportionment: one-third; two-thirds -Appeal dismissed.

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

(1927) 27 Ll.L.Rep. 285

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 damage-"All offers are subject to our usual strike and guarantee clauses, &c.-Ambiguity -Judgment for plaintiffs-Appeal dismissed.

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

(1927) 27 Ll.L.Rep. 288

Charter-party-Freight-Counterclaim for damage to cargo-Claim by shipowners for balance of freight-Freight payable by cheque on London-Action brought in French Court - Claim and counterclaim upheld - Subsequent agreement between parties-Balance in francs due to shipowners-Payment by shipowners of damages in francs due to charterers -Claim by shipowners for freight in sterling - Rate of exchange - Debts - Time for conversion.

JEBARA v. IMPERIAL OTTOMAN BANK.

(1927) 27 Ll.L.Rep. 294

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 performance-Goods released by bank on payment of piastres-Conversion -Agents of necessity-Treaty of Lausanne, Art. 84.

THE "DUQUESNE."

(1927) 27 Ll.l.Rep. 300

Collision between steamships in Manchester Ship Canal-Instructions to plaintiff vessel to pass steamship M at Ellesmere Port-Defendant vessels also minded to pass steamship M at Ellesmere Port-Duty of plaintiff vessel, stationary in safe position, to await passing of down-coming vessels-Breach of regulations by defendant vessel in passing steamship M on starboard side -Manchester Ship Canal Regulations, Rules 15 and 17-Both found to blame.

THE "CORNESS."

(1927) 27 Ll.L.Rep. 305

Series of collisions in River Thames-Steamship A sunk after collisions with steamships B, C and D-Steamship E sunk after collision with sunken wreck of A-Judgment for A against B, C and D; for E against D-Limitation of liability of D-Claim by owners of cargo on board of steamship A-Claim opposed by E - Value of cargo - Finding by Registrar of depreciation in value due to previous collisions with B and C- Absence of affirmative evidence-Onus of proof-Costs-Appeal by A against Registrar's decision allowed.

JOSEPH RANK, LTD. v. "OCEANA" (OWNERS).

(1927) 27 Ll.L.Rep. 307

Ship-Cargo-Claim by cargo-owners against shipowners in respect of damage to wheat cargo-Alleged obligation of shipowners to provide dunnage-Finding by arbitrator that no such practice exists; that there was bad stowage but that no damage was caused thereby- Question of fact-Award upheld.

M. ARONSON v. MOLOGA HOLZINDUSTRIE A.G.

(1927) 27 Ll.L.Rep. 308

Sale of goods-Non-performance-Shipment of pulpwood-Failure of sellers to tender goods in accordance with contract -Acceptance by buyer (after fall in market price and to avoid damages for dead freight) under proper protest, of non-contract wood tendered - Finding of arbitrator that wood tendered and contract wood were of equal value after market price had fallen-Measure of damages-Whether nominal or substantial - Claim for repayment of money-No notice given to claim interest and therefore none awarded- Sale of Goods Act, 1893, Sect. 35- Substantial damages awarded.

DYMOCK & CO., LTD. v. C. W. SVENSON'S TRAVARNAKTIEBOLAG.

(1927) 27 Ll.L.Rep. 310

Sale of goods-Short delivery (pitwood c.i.f.)-Shipment-"Scanform" contract -Clause providing for certificate of Swedish official sworn measurer- Findings of arbitrator that certificate was not conclusive as to number of pieces; that buyers had no reasonable opportunity of checking measurement at loading port; and that there was in fact a shortage-"Conclusive" documents- Alteration-Whether usual and proper documents-Award in favour of buyers upheld.

ROBERTS v. ANGLO SAXON INSURANCE ASSOCIATION, LTD.

(1927) 27 Ll.L.Rep. 313

Insurance (motor car) - Loss by fire - "Warranted used only for the following purposes: commercial travelling" - Construction - Car destroyed while carrying passengers - Arbitration - Award in favour of assured-Award set aside as bad in law on the face of it.

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

(1927) 27 Ll.L.Rep. 317

Charter-party-Demurrage-"Cargo to be loaded in 150 running hours excluding bunkering time, Sundays, &c." - Ship withdrawn by owners (for their own convenience) after expiration of running hours from loading position to bunker- Whether charterers liable for demurrage in respect of bunkering time - Doubt as to whether cargo available- Onus of proof.

THE "HULDRA.

(1927) 27 Ll.L.Rep. 320

Mortgage of ship-Necessaries action-Ship sold-Claim by mortgagees for payment out-Validity of mortgage-Reference.

THE "OLEANDER."

(1927) 27 Ll.L.Rep. 321

Collision between steamships in English Channel during dense fog-Vessels on practically parallel courses - Excessive speed in fog-Disregard of regulations- Plaintiff vessel found alone to blame.

WILLIAM F. RUSSELL & SON v. MISKIN MANOR SHIPPING COMPANY, LTD.

(1927) 27 Ll.L.Rep. 324

Bill of lading-Delivery against documents -C.i.f. contract - Charter-party-Ship chartered to proceed to private wharf of consignee-Effect-Cargo delivered by ship without production of bill of lading -Conversion-Falling market price- Measure of damages-Counterclaim for demurrage-Insufficient draught at port of discharge, unknown to shipowners, and consequent delay in unloading- Freight-Effect of cesser clause.

JAMES v. BRITISH GENERAL INSURANCE COMPANY, LTD.

(1927) 27 Ll.L.Rep. 328

Insurance (motor car) - Accident-Plaintiff drunk while driving car - Plaintiff indicted and convicted - Third-party risks-Indemnity-Whether policy void as against public policy-Moral culpability -Question of "intent"-Finding that accident was the result of folly and not of premeditation-Tinline v. White Cross Insurance Association, [1921] 3 K.B. 327, followed - Judgment for plaintiff.

HEYN AND OTHERS v. OCEAN STEAMSHIP COMPANY, LTD.

(1927) 27 Ll.L.Rep. 334

Bill of lading-Loss of cargo by theft in port at Shanghai-"Neither the carrier nor the ship shall be responsible for loss or damage arising . . . from . . . (q) any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants of the carrier" - Inference from fact that thieves must have known inner workings of ship - Probability that thieves were among stevedores - Whether stevedores "agents or servants of the carrier" within the meaning of the Act-Carriage of Goods by Sea Act, 1924, Sched. Art. 3 (2), Art. 4 (2) (q)- Judgment for goods-owners.

GIBSON & CO. AND OTHERS v. GRANGEMOUTH DOCKYARD COMPANY, LTD. (THE "GRANGEMOUTH.")

(1927) 27 Ll.L.Rep. 338

Negligence - Repairs to ship - Damage to ship and cargo by fire-Use of oxy-acetylene plant by repairers - Finding that fire was caused by sparks of live metal-Onus probandi-Absence of suitable precautions-,Alleged contributory negligence not proved - Duty of repairers, using dangerous machine, first to ascertain whether cargo in vicinity of operations-Judgment for ship and cargo-owners.

THE "ESSONITE."

(1927) 27 Ll.L.Rep. 345

Negligent navigation-Damage to moorings and landing stage - Mooring chains fouled by anchor of steamship-Alleged negligence of vessel in letting go anchor -Whether reasonable and necessary for safe navigation of ship - Finding that mooring chains were a trap-Whether presence and position of mooring chains should have been within knowledge of pilot - Mersey Conservancy Act, 1842, Sects. 6, 15 - Manchester Ship Canal Act, 1885, Sect. 63 (13) - Finding that chains were an obstruction and a nuisance-Judgment for defendants.

THE "KIRKWOOD."

(1927) 27 Ll.L.Rep. 352

Dragging collision between steamships in Gravesend Reach - Both vessels originally at anchor-Conflict as to which vessel dragged and as to anchoring position of each vessel-Judgment for defendants.

THE "ROCIO."

(1927) 27 Ll.L.Rep. 355

Salvage - Services rendered by tugs and pilot to steamship ashore in Long Reach -River service, fine weather and no real difficulty-Issue as to whether tug damaged during operations - £850 awarded on a salved value of £42,000.

ANGLO-ORIENTAL NAVIGATION COMPANY, LTD. v. T. & J. BROCKLEBANK, LTD.

(1927) 27 Ll.L.Rep. 359

Charter-party-Demurrage-Piling expenses -Cesser clause - Effect - Correlation between cesser clause and lien clause- Delay in unloading due to act of T, as agents for shipowners-". . . Cargo to be brought to and taken from alongside the steamer at the risk and expense of the charterers" - Inconsistency of alleged custom at Dundee that ship shall bear this expense - Incidence of piling expenses-Authority of T, as agents for charterers.

DREYFUS & CO. v. "KALYPSO VERGOTTI" (OWNERS).

(1927) 27 Ll.L.Rep. 363

Charter-party - Unseaworthiness - Vessel leaky - Improper description as "now drydocking at Piraeus" and as "expected ready to load at Bombay or Karachi about Feb. 5"-Vessel not ready until Mar. 9-Damages-Contract for sale of cargo entered into by charterers-Repudiation by buyers on ground of leakiness of vessel-Whether recoverable as special damage-Knowledge of charterers, when contract entered into, that vessel was leaky- Occupation of warehouse space by cargo during delay-Whether damages should have been a awarded in default of proof of specific loss-Damages awarded by arbitrator covering whole period of delay reduced by learned Judge.

GENERAL STEAM NAVIGATION COMPANY, LTD. v. THE CROWN.

(1927) 27 Ll.L.Rep. 366

Insurance (marine or war)-Claim-Bottom damage to steamship-Whether due to striking submarine or sunken wreckage -Onus of proof-Improbability that vessel, under hard-a-port helm, and submarine should have been upon identically the same, or diametrically the opposite, courses - Inference to be drawn from nature of damage.

MARCONI INTERNATIONAL MARINE COMMUNICATION COMPANY, LTD. v. CECIL F. READ.

(1927) 27 Ll.L.Rep. 371

Contract-Breach-Claim for cost of maintenance of wireless apparatus - Alleged failure to maintain in good order disproved.

IN RE STRICKLANDS, LTD.

(1927) 27 Ll.L.Rep. 371

Company-Shares-Reduction of capital.

BEDFORD PETROLEUM COMPANY SOC. ANON. FRANCAISE AND ANOTHER v. ARBUCKLE, SMITH & CO.

(1927) 27 Ll.L.Rep. 372

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- Appeal dismissed - Alteration of date from which interest awarded.

IN RE BROWN, LTD. (BLOCK BROTHERS v. KIDD.)

(1927) 27 Ll.L.Rep. 373

Sale of goods - Deposit - Assignment of interest of buyer in insurance moneys in respect of joint venture between buyer and A-Guarantee by A to pay "immediately we are paid in full"- Rateable proportion of in insurance moneys paid by underwriters-Claim against liquidator of A-Whether "payment in full."

THE "SAN SALVADOR."

(1927) 27 Ll.L.Rep. 373

Negligent navigation-Damage to pier by ship - Counterclaim in respect of damage to ship-Seamanship-Failure to prove negligence - Claim and counterclaim dismissed.

HARROWER, WELSH & CO. v. McWILLIAM & SONS.

(1927) 27 Ll.L.Rep. 374

LAKE v. SIMMONS.

(1927) 27 Ll.L.Rep. 377

Insurance (jewellery) - Loss - Claim - Jewellery obtained by fraudulent third person-Larceny by a trick-Exception clause: "Loss by theft or dishonesty committed by . . . any customer . . . in respect of goods entrusted to" (her) -Whether goods "entrusted" within meaning of policy-Language of exception clause read "contra proferentes" -Judgment for assured.

THE "RUAPEHU."

(1927) 27 Ll.L.Rep. 385

Negligence-Damage to ship-Outbreak of fire in dry dock-Ship-repairers held to blame-Right of repairers, as owners of dry dock, to limit their liability-Basis of limitation found to be "geographical area" and not "capacity" - Unambiguity of statute-Merchant Shipping (Liability of Shipowners and Others) Act, 1900, Sect. 2.

F. C. BRADLEY & SONS, LTD. v. FEDERAL STEAM NAVIGATION COMPANY, LTD.

(1927) 27 Ll.L.Rep. 395

Bill of lading-Damage to cargo-"Brown heart" in apples-Whether caused by absence of ventilation or by inherent vice-Onus of proof-Meaning of "unseaworthiness" - "Properly . . . . . equipped"-Australian Sea Carriage of Goods Act, 1904, Sects. 5, 8.

IN RE PART CARGO EX STEAMSHIPS "CIRCASSIA" AND "SCINDIA." (DESIRE GEORGES HOMSY v. H.M. PROCURATOR-GENERAL FOR EGYPT.)

(1927) 27 Ll.L.Rep. 400

Prize-Condemnation and sale-Application for proceeds to be paid out-Status of claimant - Turkish subject, as official dragoman of the French Consulate at Aleppo, enjoying French protection- Status dependent upon French treaty rights at an end on outbreak of war.

THE "BORUSSIA."

(1927) 27 Ll.L.Rep. 403

Collision between lighter and steamship in Limehouse Reach-Duty of steamship to keep clear of lighter-Finding that no efficient light was displayed on lighter- Judgment for steamship.

THE "ROATH."

(1927) 27 Ll.L.Rep. 406

Salvage-Services rendered by tugs and watermen to steamship adrift in River Thames after collision-Congestion of vessels at anchor-Danger of collision -£675 awarded on salved value of £19,615.

BEDE STEAM SHIPPING COMPANY, LTD. v. BUNGE Y BORN.

(1927) 27 Ll.L.Rep. 410

Charter-party-Freight - Counterclaim in respect of short delivery-"All disputes . . . shall . . . be referred" to arbitration - "Any claim must be made in writing and claimant's arbitrator appointed within three months of final discharge and where this provision is not complied with the claim shall be deemed to be waived and absolutely barred" - Appointment of arbitrators out of time-Waive-Part of claim for freight admitted-Meaning of "dispute" -Construction.

BROWN & CO., LTD. v. T. & J. HARRISON. F. HOURANI v. SAME.

(1927) 27 Ll.L.Rep. 415

Bill of lading-Non-delivery-Goods pilfered by labourers employed by stevedores discharging ship-Carriage of Goods by Sea Act, 1924, Schedule, Art. IV., Rule 2 (a) (q) pleaded-Construction-Necessity for shipowners to prove that loss happened without their own fault and without the fault of their servants or agents-Stevedores as "servants" of shipowners-"Management of the ship" -Judgment for bill of lading holders.

WHITWELL v. AUTOCAR FIRE: & ACCIDENT INSURANCE COMPANY, LTD.

(1927) 27 Ll.L.Rep. 418

Insurance (motor car)-Claim-Defence of non-disclosure-Finding that answer in proposal form, though subsequently found to be untrue, was not in fact untrue on signing - Knowledge of assured-Onus of proof-Judgment for assured.

ANGLO ITALIANA CARBONI v. S. INSTONE & COMPANY, LTD.

(1927) 27 Ll.L.Rep. 421

Practice-Evidence-Appeal against order of Commercial Court Judge that proof of certain foreign rules should be given, by affidavit-Jurisdiction-Discretion of Judge-Rules of the Supreme Court, Order 37, r. 1-Construction.

THE "MEDITERRANEO" (CLAIM OF CIE. EXPORTATION DE DON AND ANOTHER).

(1927) 27 Ll.L.Rep. 423

Prize-Order for condemnation.

THE "TREGURNO" (CLAIM OF SOCIETE DE COMMERCE ET DE COMMISSION).

(1927) 27 Ll.L.Rep. 423

Prize-Order for condemnation-Repayment by bank of proceeds released, with interest.

THE "ULRIKKA II."

(1927) 27 Ll.L.Rep. 424

Collision between steamships in Crosby Channel, River Mersey-Conflict of evidence as to visibility, place of collision and speed-Blame attached to plaintiff vessel for not reversing; to defendant vessel for improper helm action-Apportionment: one-third; two-third -Special order as to costs.

"UNITED STATES" AND OTHER VESSELS.

(1927) 27 Ll.L.Rep. 424

Prize-Sale-Order for transfer of proceeds to Exchequer.

THE "CYGNUS."

(1927) 27 Ll.L.Rep. 432

Double collision between steamships in River Thames-Negligence of defendant vessel in passing first plaintiff vessel too closely-Allegation that first plaintiff vessel went astern disproved- Inability of second plaintiff vessel to avoid collision-Judgment against defendant vessel.

THE "RENE."

(1927) 27 Ll.L.Rep. 437

Collision between steamships in Gravesend Reach-Negligent navigation of both vessels-Plaintiff vessel found to blame for improper helm action; defendant vessel for failure to reverse in time- Apportionment: three-quarters; one-quarter -Special order as to costs.

THE "CAP PADARAN."

(1927) 27 Ll.L.Rep. 440

Collision between steamships in Suez Bay -Negligence of plaintiff vessel in starboarding across bows of defendant vessel; of defendant vessel in failing to reverse in time-Apportionment: three-quarters; one-quarter - Special order as to costs.

G. W. POTTS, LTD. v. MACPHERSON, TRAIN & CO.

(1927) 27 Ll.L.Rep. 445

Arbitration-Award-Sale of goods c.i.f.- Rejection by buyers - Goods not "in accordance with the regulations governing inspection" - Breach of warranty under insurance contract - "Umpire whose decision shall be final and binding upon both parties"-"My nomination and election . . . do not require me to state a case for the Court" - Misconduct -Error in law-Award set aside.

HYAMS v. PARAGON INSURANCE COMPANY, LTD.

(1927) 27 Ll.L.Rep. 448

Insurance-Claim for return of premiums- Proposal form signed by claimant through innocent misrepresentation on part of insurance agent as to the nature of the transaction - Judgment for claimant-Appeal dismissed.

CROWN v. NAUTILUS STEAM SHIPPING COMPANY, LTD.

(1927) 27 Ll.L.Rep. 451

Factory Acts-Injury to workmen-Information before Magistrate-Machinery unfenced-No evidence of compliance with regulations-Failure to convict- Case remitted to Magistrate.

MYAKKA LUMBER COMPANY v. LANCASHIRE & GENERAL ASSURANCE COMPANY, LTD.

(1927) 27 Ll.L.Rep. 453

Insurance-Claim-Judgment obtained in Supreme Court of New York in default of defence-Action to enforce judgment -Action stayed to enable defendants to apply to American Court to have judgment set aside.

ARLET v. LANCASHIRE & GENERAL ASSURANCE COMPANY, LTD.

(1927) 27 Ll.L.Rep. 454

Insurance (motor car)-Loss by fire-Claim -Defences of misstatement and non-disclosure of material facts not made out-Judgment for assured.

IN RE NESTA STEAMSHIP COMPANY, LTD.

(1927) 27 Ll.L.Rep. 455

Company - Restoration to register - Dissolution declared void.

IN RE TILTON'S TRADING STEAMERS, LTD.

(1927) 27 Ll.L.Rep. 455

Company-Alteration of objects sanctioned subject to change of name.

ANGLO-ORIENTAL NAVIGATION COMPANY, LTD., v. T. & J. BROCKLEBANK, LTD.

(1927) 27 Ll.L.Rep. 455

Charter-party - Demurrage - Piling expenses -Cesser clause-Effect-Correlation between cesser clause and lien clause-Delay in unloading due to act of T, as agents for shipowners- ". . . Cargo to be brought to and taken from alongside the steamer at the risk and expense of the charterers" -Inconsistency of alleged custom at Dundee that ship shall bear this expense-Incidence of piling expenses -Authority of T, as agents for charterers -Costs.

Lloyd's Law Reports