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INLAND REVENUE COMMISSIONERS v. J. GLIKSTEN & SON, LTD.

(1928) 31 Ll.L.Rep. 1

Revenue-Income Tax-Assessment-Timber company - Stock destroyed by fire - Insurance against fire at replacement value-Replacement value considerably in excess of book value - Amount recovered under policies-Whether to be included in profit and loss account as a trading receipt-Income Tax Act, 1918, Schedule D, Case 1.

GREEN STAR SHIPPING COMPANY v. LONDON ASSURANCE AND OTHERS.

(1928) 31 Ll.L.Rep. 4

Marine insurance-Claim-Policies A, B and C issued by three insurers-Policy A containing arbitration clause- Action brought on policies-Proceedings under policy A stayed-Discretion of learned Judge-Onus of showing that dispute should not be referred to arbitration-Inopportuneness of two sets of proceedings-Order staying action discharged.

THE "CHANNEL QUEEN."

(1928) 31 Ll.L.Rep. 7

Costs-Taxation-Collision action-Discontinuance by plaintiffs-Costs incurred in preparation of defence-Statements obtained from witnesses-Whether premature -

W. BOUMAN v. VICKERS-ARMSTRONG, LTD.

(1928) 31 Ll.L.Rep. 9

Negligence-Damage to yacht by floating timber consequent upon launch of steamship by defendants-Finding of County Court Judge that defendants were negligent in improperly securing timber-Onus of proof-Whether upon plaintiff to prove that timber was improperly secured or upon defendants to prove that they properly secured it-Defendants' appeal dismissed.

THE "UNION."

(1928) 31 Ll.L.Rep. 12

Collision between steamships in St. Lawrence River during fog-Finding of both to blame-Subsequent sinking of plaintiff vessel-Whether due to collision or to neglect of master in endeavouring to reach port-Whether ship should have been beached-Finding that sinking was a direct result of collision.

THE "KITTIWAKE."

(1928) 31 Ll.L.Rep. 17

Collision between steamships in River Clyde-Allegation that plaintiff vessel was coming down river in her wrong water-Effect of fresh breeze on light ship-Dispute as to place of collision- Inference to be drawn from position of sunken wreck of plaintiff vessel- Finding that collision was due to defendant ship going to port-Judgment for plaintiffs.

COOPER, EWING & CO., LTD. v. NIPPON YUSEN KABUSHIKI KAISHA AND ANOTHER.

(1928) 31 Ll.L.Rep. 20

Bill of lading-Loss of goods (silk)-Claim against shipowners and against insurers -Pilferage and theft-Finding that goods were abstracted either during transhipment or during discharge into Customs-Exception clause in bill of lading-Protection of shipowner-Insurance of goods from Yokohama to Sao Paulo via Santos-Warehouse to warehouse cover-"Claims must be surveyed at wharf only within seven days of arrival of steamer at port of discharge . . ." -Construction-Whether loss within ambit of policy.

THE "ALMINGUES."

(1928) 31 Ll.L.Rep. 20

Ship's necessaries-Wages-Bottomry-Sale of ship-Order for payment out.

ANDREAS VERGOTTIS v. ROBINSON DAVID & CO., LTD.

(1928) 31 Ll.L.Rep. 23

Charter-party - Discharging expenses- "Charterers' agents to pay cost of discharging cargo, pilotage, towage, and all port charges incidental to their cargo at the discharging port or ports" - Liability of bill of lading holders - "All the terms, provisions and exceptions contained in which charter are herewith incorporated and form part hereof"-"Freight prepaid" -Whether discharging expenses satisfied by payment out of freight collected on charterers' behalf-Effect of incorporation clause-Deviation-"To load at one, two or three United States Ports . . ."-Whether Destrehan part of port of New Orleans-Liberty of ship to use loading port a second time.

ASHBY, LTD. v. CAZALY, MILLS & CO., LTD.

(1928) 31 Ll.L.Rep. 29

Cargo-Discharging and stacking expenses- Mixed cargo of bricks-Whether flat rate for discharging quoted by wharfingers -Whether an implied term that double bricks should be paid for at higher rate.

J. P. ROBERTSON, LTD. v. STEWART.

(1928) 31 Ll.L.Rep. 30

Sale of goods-Rescission by buyer-Agreement by seller to hand over wreck, "all salved property, and the hulk M, and the services of diver for three weeks, all except 4/5 articles of silver and linen free of all debt wireless apparatus" -Construction-Removal of part of salved material by seller-Whether a material breach justifying buyer in rescinding-Sale of hulk-Failure of sellers to tender fixed machinery therein -Evidence-Admissibility of parol evidence to qualify verbal contract subsequently reduced to writing.

JEBARA v. IMPERIAL OTTOMAN BANK.

(1928) 31 Ll.L.Rep. 37

Banking-Sale of goods-Goods purchased by plaintiff for correspondents abroad -Bills of exchange drawn on correspondents in sterling-"Please pay to our order value cheque on London the sum of £...... sterling" - Effect - Advances made by bank in England- Bills and shipping documents sent to foreign branch of bank for collection- Payment by correspondents to foreign branch of sum in piastres to raise sterling credit in England sufficient to meet bills-Intervention of war-Interruption of communication between foreign branch and branch in England -Currency depreciation-Account-Rate of exchange - Conversion - Agents of necessity-Treaty of Lausanne, Art. 84 -Whether collection "in a currency other than that mentioned in the contract."

MERCHANTS' MARINE INSURANCE COMPANY, LTD. v. LIVERPOOL MARINE & GENERAL INSURANCE COMPANY, LTD.

(1928) 31 Ll.L.Rep. 45

Insurance - Reinsurance - Loss - Continuation of risk it vessel at sea at date original policy expired-Stranding during such continuance-"If the insured object is in a damaged condition at the time the insurance expires . . . the risk shall continue for the immediate consequences of such damage until the object, without unnecessary delay, has been repaired or sold"-Arrival at first port of destination-Position of safety-Vessel patched up-Continuance of voyage-vessel beached to prevent sinking-Total loss-Chain of causation-Whether loss an "immediate consequence" of original stranding.

THE "BUDENY."

(1928) 31 Ll.L.Rep. 50

Collision between steamships in English Channel-Refusal by learned Judge to accept documentary or oral evidence of either party-Finding of both to blame on ground of bad look-out and of failure to reverse in time-Appeal and cross-appeal dismissed.

THE "HERO."

(1928) 31 Ll.L.Rep. 52

Collision between barge (in tow of tug) and steamship in Limehouse Reach, River Thames-Tug in process of turning movement-Apportionment of blame between parties-Appeal by tug-Probabilities -Place of collision-Inference to be drawn from manoeuvres of tug- Finding that steamship improperly tried to cut across tug's bows-Principles guiding appeals from findings of Judge sitting alone-Appeal allowed.

THE "NAPIERIAN."

(1928) 31 Ll.L.Rep. 59

Collision between steamships in English Channel during dense fog-Disputes as to speed and helm action-Admission by defendants of excessive speed-Finding that plaintiff vessel was guilty of excessive speed and of alteration of helm -Both found to blame-Apportionment: two-thirds; one-third-Plaintiff's appeal dismissed.

THE "INO."

(1928) 31 Ll.L.Rep. 61

Collision between steamships in Bristol Channel-Defendant vessel with tug ahead-Whether plaintiff vessel affected by high spring tide-Finding that defendant vessel was in her wrong water and that collision was due to helm action in an endeavour to correct her error.

THE "EQUITY."

(1928) 31 Ll.L.Rep. 65

Collision between steamships in River Scheldt-Plaintiff vessel coming out of side waters into main channel-Duty to give warning-Bad look-out-River Scheldt Regulations-Duty to give way to vessel proceeding up main channel- Failure of defendant vessel to reduce speed in face of apparent danger-Both found to blame-Apportionment: two-thirds; one-third.

THE "BLACK DEEP" AND THE "STANTON."

(1928) 31 Ll.L.Rep. 69

Collision between steamship and dumb hopper (in tow of tug) in Lower Hope Reach during fog - Hopper following steamship S down river-Starboarding of hopper into steamship at anchor- Allegations by hopper that her helm action was a necessary consequence of turning signal given by S at improper time - Onus of proof - Finding that hopper was navigating too close to S, bearing in mind prevailing conditions (low visibility and strong ebb tide).

THE "STANTON."

(1928) 31 Ll.L.Rep. 74

Collision between motor barge and steamship in Woolwich Reach-Deliberate helm action of barge taking her across steamship's bows-Absence of negligence of steamship-Bad look-out on barge-Failure of look-out man to appreciate his duties-Judgment for steamship.

FORDE v. SMITH.

(1928) 31 Ll.L.Rep. 77

Company-Flotation-Claim for work done and expenses-Introduction of clients- Underwriting-Jury's verdict in favour of plaintiff.

MARMION v. JOHNSTON.

(1928) 31 Ll.L.Rep. 78

Marine insurance-Loss of moored derrick barge over 50 years old during gale- Claim-Allegation that barge was unseaworthy -Jury's finding that barge was seaworthy and that sinking was due to storm.

McKELVIE & CO. v. MURRAY & CO.; ET E CONTRA.

(1928) 31 Ll.L.Rep. 80

Sale of goods-Purchase of three cargoes (coal) - (1) Rejection of first cargo - Strict upward limit in size-Documents taken up and price paid-Coal tendered disconform to contract-Claim by buyers for recovery of price-Rejected coal left in hands of buyers' agent for disposal on sellers' behalf-Whether sold to best advantage-(2) Refusal to take delivery of second and third cargoes-Whether a qualified refusal or an anticipatory breach of contract justifying sellers in withholding delivery and suing for damages-Actings of parties prior and subsequent - Onus of proving that refusal was qualified - Knowledge of parties that "size" was vital.

THE "EL URUGUAYO."

(1928) 31 Ll.L.Rep. 89

Collision between steamships in English Channel during dense fog-Acceptance by learned Judge of evidence that defendant vessel was proceeding at "dead slow" half an hour before collision -Excessive speed of plaintiff vessel -Plaintiff vessel found alone to blame -Appeal from Judge sitting alone- Great importance of witnesses' demeanour in box-Heavy burden of proving Judge to be wrong - Discrepancies between defendants' case and log-Many circumstances contributing to errors in log-Appeal dismissed.

FRENKEL v. MACANDREWS & CO., LTD.

(1928) 31 Ll.L.Rep. 92

Bill of lading-Deviation-"With destination Liverpool . . ."-Cargo (barrels of oil) shipped at Malaga on from-Liverpool voyage-Damage to cargo during hurricane-Regular practice of defendants' steamships to proceed to Liverpool either "directo" or "via Levante"-Shipowners protected by bill of lading clauses - Knowledge of shippers that steamship was bound to Liverpool "via Levante."

CLEEVES WESTERN VALLEYS ANTHRACITE COLLIERIES, LTD., AND ANOTHER v. "PENELOPE" (OWNERS).

(1928) 31 Ll.L.Rep. 96

Charter-party-Frustration-Employment of ship to carry successive cargoes of coal-"To be in force for 12 months . . . from date of notice of readiness to load for first voyage . . . to make as many voyages as she can over said period"-"Steamer not to be ordered to any loading port at which there is a strike in force"-"Steamer to be free to interpose a substantially similar voyage if charterers unable forthwith to order steamer to another loading port stipulated in charter, free of strike"-Coal strike-Universal stoppage of mines-Inability of charterers to employ vessel-Whether a delay contemplated by parties-Frustration of adventure-Effect of shipowners' option to accept substituted employment upon doctrine of frustration.

THE "MARGARITA CALAFATI."

(1928) 31 Ll.L.Rep. 104

Bill of lading-Short delivery (cottonseed) -Weight unknown-Allegation that quantity of cargo was utilised by ship as fuel-Heavy burden of proof- Inference to be drawn from condition of cargo on arrival-Probability that cargo disappeared in direction of stokehold -Unsatisfactory evidence of ship as to sufficiency of bunker coal-Proof of amount shipped-Evidence of amounts carried to quay-High degree of probability of transference to ship.

RUSSIAN OIL PRODUCTS, LTD. v. CAUCASIAN OIL CO., LTD.

(1928) 31 Ll.L.Rep. 109

Arbitration-Award-Motion to set aside on ground (1) of misconduct; (2) that award was bad in law on face of it- Charter-party-Charterers' option to discharge at any two ports within the charter range-Refusal of ship to proceed to second port-"I find that the charterers had not the right to order the steamer to a second port of discharge" - Authority of arbitrators to proceed with arbitration without "Counsel"-Interpretation of umpire's finding-Infinite variety of circumstances which might justify umpire's conclusion-"In an application to set aside the appellate tribunal is not concerned with the particular facts"- Motion dismissed.

"OLUF M'RSK" (OWNERS) v. DOODY.

(1928) 31 Ll.L.Rep. 113

Pilotage-Pilot-Alleged breach of duty- Plaintiff vessel next in rotation-Obligation of defendant pilot to board intervening vessel-Discretion of pilot- Danger of piloting plaintiff vessel on night tide-Contract of service-Offer by pilot-Whether accepted by vessel putting out pilot flag-Pilotage Act, 1913, Sects. 44, 48 (1) (g) (i).

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.")

(1928) 31 Ll.L.Rep. 115

Bill of lading-Loss of cargo by fire-Spontaneous combustion - 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 net communicated to surveyor- Finding that ship was unseaworthy and that there was negligence on shipowners' part-Likelihood of outbreak of fire through spontaneous combustion- Neglect of shipowner to take precautions - Whether unseaworthiness the proximate cause of fire-Unseaworthiness causing sufficient delay for incubation - Judgment for cargo-owners - Appeal dismissed.

THE "TAUNTON."

(1928) 31 Ll.L.Rep. 119

Collision between ketch and steamship in Bristol Channel during hazy weather- Helm action of Ketch in process of navigation -Duty of steamship to keep clear -Collision Regulations, Art. 21-Keeping course and speed - Whether rule broken by helm action-Judgment for ketch-Appeal dismissed.

DEW v. UNITED BRITISH STEAMSHIP COMPANY, LTD.

(1928) 31 Ll.L.Rep. 121

Workmen's Compensation-Personal injury to coal trimmer-Common law claim- Fall into hold-Shipowner's failure to fence hatch-Statutory breach-Continuing negligence-Finding of jury that effective causes of accident were (1) failure to fence; (2) negligence in leaving hatch uncovered in absence of fencing; (3) negligence of plaintiff- Learned Judge's request to jury to reconsider finding-Further finding that failure to fence was real effective cause-Misdirection-Practice-Right of Judge to re-direct jury who have found facts sufficient to justify Judge in giving judgment-Original finding a finding of contributory negligence-Factory and Workshop Regulations-S.R. & O., 1925, No. 231, Regulation 34 (a)-Judgment for shipowners.

THE "QUITADOR."

(1928) 31 Ll.L.Rep. 129

Ship - Limitation of liability - Collision during trial trip of plaintiff vessel- Liability admitted by plaintiffs-Claim to limit liability-Whether collision due to owners' fault or privity- Allegation that steering gear was defective with privity of owners-Finding of learned Judge that collision was due to pilot's error of judgment-Owners not at fault-Declaration made.

THE "WHITBY ABBEY."

(1928) 31 Ll.L.Rep. 132

Collision between steamships in North Sea during dense fog-Excessive speed of both vessels-Plaintiff vessel's improper whistle signal-Vessel with way sounding two-blast signals-Probable alteration of course of both vessels-Both found to blame.

CLAN LINE STEAMERS, LTD. v. BOARD OF TRADE.

(1928) 31 Ll.L.Rep. 136

Charter-party-T.99-Requisitioned ship- Loss of C M by collision with W F - Whether marine or war risk-Finding of arbitrator, that C M was not engaged on warlike operation, upheld by Judge -Admission that W F was engaged on warlike operation-Proximate cause of loss - Sudden sheering of C M across bows of W F-Defective steering gear- Absence of negligence on part of W F -Finding by learned Judge that loss was due to fortuitous motion of C M and that it was not in consequence of a warlike operation.

N. V. OLIEFABRIEKEN T. DUYVIS, Jr. v. W. PORTER & CO. (ROTTERDAM).

(1928) 31 Ll.L.Rep. 141

Sale of goods-Sub-sales-Damage to goods by sweat - "Sound delivered Rotterdam -Payment against documents including insurance policies - Claim by sub-buyers (plaintiffs) against their sellers (defendants) - Arbitration - Award in favour of plaintiffs-Insurance against sweat damage for shippers' (original sellers') account - Policies handed over by plaintiffs to shippers- Knowledge and consent of all parties- Whether payment of damages by defendants to plaintiffs conditional upon return of insurance policies to defendants.

THE "BRESLAU."

(1928) 31 Ll.L.Rep. 145

Collision between steamships off May Island (Firth of Forth)-Vessels outward bound on parallel courses-Starboarding of plaintiff vessel in ordinary course of navigation with consequent opening of red light-Misunderstanding by defendants -Porting of defendant vessel into plaintiff vessel-Even accepting defendants' case that plaintiff vessel negligently came across her bows, the defendants should have stopped and reversed or have starboarded to a parallel course-Judgment for plaintiffs.

WOODS AND ANOTHER v. "ABOUKIR" (OWNERS.)

(1928) 31 Ll.L.Rep. 147

Workmen's compensation-Claim by dependants -Members of crew drowned in returning to ship from pleasure trip ashore-Capsizing of boat in endeavour to take hold of ship's gangway- Whether an accident arising out of and in the course of their employment- Whether deceased men had reached sphere of their employment.

GREEN STAR SHIPPING COMPANY, LTD. v. LONDON ASSURANCE AND OTHERS.

(1928) 31 Ll.L.Rep. 149

Marine insurance-Claim-Policies A, B and C issued by three insurers-Policy A containing arbitration clause-Losses under policies-Joinder of insurers as defendants - Application by insurers issuing A policy to have name struck out from writ-Multiplicity of proceedings -Discretion of Judge-Application dismissed.

FIRST RUSSIAN INSURANCE COMPANY. LTD. (IN LIQUIDATION) v. LONDON & LANCASHIRE INSURANCE COMPANY, LTD.

(1928) 31 Ll.L.Rep. 151

Insurance-Reinsurance-Treaties between Russian (plaintiff) insurance company and English (defendant) insurance company-Liquidation of plaintiff company -Balance of accounts-Outward treaty-Risk undertaken by defendants reinsured by plaintiffs-Effect of Soviet Government legislation, prohibiting insurance companies from carrying on business in Russia, upon plaintiffs' business-Right to carry on business outside Russia-Execution of treaty in England and Russia-Manifold acts performed in London-Whether continuance of plaintiffs' business under outward treaties illegal-Power of attorney authorising agents to act on plaintiffs' behalf-Duration of agents' authority-Whether governed by English or Russian law-Doctrine of frustration -Construction-Continuation of contract after date of alleged frustration -Inward treaty-Balance due to defendants -Set-off - Whether plaintiffs' liability extinguished by Soviet decrees -Whether "right" or "remedy" destroyed - Statute of Limitations - Acknowledgment of debt, sufficient to oust statute, by plaintiffs' general manager-Authority to bind plaintiffs- Whether agents' authority determined by decrees.

THE "WEARHOME."

(1928) 31 Ll.L.Rep. 151

Mortgage of ship-Non-appearance of mortgagors -Appraisement and sale-Possessory lien of shipbuilders-Wages of crew-Priorities reserved.

COTTER AND OTHERS v. NATIONAL UNION OF SEAMEN.

(1928) 31 Ll.L.Rep. 165

Trade union-Legality of resolution authorising loan to miners' non-political movement-Action brought by members for declaration that resolution was ultra vires-Bona fide belief that resolution would be acted upon by union without approbation of a general meeting-Costs.

COMPANIA DE NAVEGACION, INTERIOR, S.A. v. FIREMAN'S FUND INSURANCE COMPANY AND OTHERS. (THE "WASH GRAY.")

(1928) 31 Ll.L.Rep. 166

Insurance (marine)-Loss of inland water tug, in tow of steamship, on sea voyage -Non-disclosure of towage contract- Whether affecting insurers' right of subrogation-Allegation unaccepted that tug was negligently towed at too great a speed-Unseaworthiness-Tug unsuitable for sea voyage-Knowledge of insurers of exceptional circumstances covering risk-Higher premium exacted -No fixed or positive standard of seaworthiness -Whether "peril of the sea" has an absolute meaning.

HAIN STEAMSHIP COMPANY, LTD. v. BOARD OF TRADE.

(1928) 31 Ll.L.Rep. 171

Charter-party-Requisitioned ship-T.99- Damage to requisitioned ship by collision, after Armistice but before signing of peace, with United States Government vessel returning with mines to America-Temporary cessation of hostilities-Whether damage a consequence of warlike operations-"Pertaining to or directly connected with war"-Negligence of both vessels- "Immediate and concurrent causes"- "Damage occasioned by a collision is none the less a consequence of a warlike operation because such operation is negligently conducted"-Judgment for shipowners against Crown.

SYMINGTON & CO. v. UNION INSURANCE SOCIETY OF CANTON, LTD.

(1928) 31 Ll.L.Rep. 179

Insurance (marine)-Loss of cork lying on jetty at Algeciras awaiting shipment- Damage "which may reasonably be attributed to fire"-Jettison-Existing state of peril-Slip-Issue of policy subsequent to loss-Claim-Whether San Roque, eight miles inland from Algeciras, "any port or ports, place or places between Rordeaux and Nice . . ." -"Warehouse to warehouse" clause- Damage due to action taken by port and military authorities in extinguishing fire-Whether with f.c. and s. clause-Whether insurers justified in incorporating "fire clause" in policy not stipulated for in slip-Case referred back for finding of Arbitrator whether usual form of policy included such or similar "fire clause".

THE "HALIARTUS."

(1928) 31 Ll.L.Rep. 185

Collision between steamships in River Elbe -Narrow channel-Finding that collision took place in defendants' water- Defendants' knowledge of plaintiffs' improper position in channel-Whether defendant vessel negligent in failing to signal helm action to give plaintiff vessel more room-Reasonable expectation that plaintiff vessel would correct error in time-Whether defendant vessel at fault for continuing at 10 knots-Plaintiff vessel found alone to blame.

THE "HARKAWAY."

(1928) 31 Ll.L.Rep. 190

Negligence-Damage to plaintiff motor vessel-Defendant vessel at anchor in River Medina-Anchor embedded in fairway-Contact with fluke-Obstruction to navigation-Duty of defendants to warn approaching vessels of, or to mark, position of anchor.

THE "MANCHESTER CIVILIAN."

(1928) 31 Ll.L.Rep. 193

Collision between steamships in River Thames-Plaintiff vessel emerging from Royal Albert Dock-Attempt by defendant vessel, moving from anchorage in river, to cross plaintiff vessel's stern- Warning given of plaintiff vessel's intended movements-Bad look-out- Judgment for plaintiffs.

THE "HIGHLAND GLEN."

(1928) 31 Ll.L.Rep. 196

Negligent navigation-Damage to tug-Collision between tug and steamship-Negligence of tug-Liability under towage contract of vessel towed or about to be towed-Whether time of the essence of contract-Waiver of condition-Unreasonableness of contract -

THE "MALCOLM BAXTER, JR."

(1928) 31 Ll.L.Rep. 200

Bill of lading-Damage to cargo-Unseaworthiness -Failure of shipowners to exercise due diligence - Involuntary deviation to port of refuge-Whether contract of affreightment displaced- Levy of government embargo during repairs-Whether damage due to embargo the result of unseaworthiness- "Restraint of prince"-Impossibility of performance - Illegality-Liability of shipowners limited to actual damage to cargo due to unseaworthiness and to delay in arrival at destination.

SMITH, HOGG & CO., LTD. v. LOUIS BAMBERGER & SONS.

(1928) 31 Ll.L.Rep. 203

Charter-Discharging expenses (timber) -Claim by shipowners for expenses alleged to have been incurred on behalf of receivers-"Cargo to be brought to and taken from alongside the steamer at charterers' risk and expense as customary" - Construction - Whether custom inconsistent with charter-party terms-Discharge on to quay and into barges-Method of discharging timber at London Docks-Meaning of "alongside" -Custom of the port-Where receivers' obligation to take from alongside begins-The Turid, 10 Ll.L.Rep. 375, explained.

THE "BACCHUS."

(1928) 31 Ll.L.Rep. 209

Collision between merchant vessel and warship in English Channel during dense fog-Duty to keep course and speed and to reduce way-Warship found alone to blame on ground of excessive speed; inattention to whistle signals ahead; alteration of course; and failure to take off way.

THE "FERMAIN."

(1928) 31 Ll.L.Rep. 216

Collision between steamships in Barry Roads during dense fog-Plaintiff vessel at anchor-Defendant vessel proceeding without negligence to anchorage - Absence of efficient bell on anchored vessel-Duty of anchored vessel to warn shipping of her presence-Judgment for defendants.

THE "SILVERLIGHT."

(1928) 31 Ll.L.Rep. 218

Collision, between steamships in Barry Roads during dense fog-Plaintiff vessel at anchor-Defendant vessel proceeding without negligence to anchorage - Absence of efficient bell on anchored vessel-Duty of anchored vessel to warn shipping of her presence-Judgment for defendants.

JAMES FINLAY & CO., LTD. v. N.V. KWIK HOO TONG HANDEL MAATSCHAPPIJ.

(1928) 31 Ll.L.Rep. 220

Sale of goods (sugar, c.i.f. Bombay)-Documents -Discrepancy between bill of lading date and shipment date- September shipment (Java)-Sugar in lighters awaiting shipment in September but actually shipped in October- Refusal by sub-buyers to take delivery -Claim by buyers (plaintiffs) against defendants (sellers) for damages- Javanese custom permitting bill of lading to bear false shipment date not established-Breach of c.i.f contract- Fall in market value-Measure of damages-Sale of Goods Act, 1893, Sect. 53 (2).

C. G. ASHDOWN & CO., LTD. v. GODMAN.

(1928) 31 Ll.L.Rep. 227

Sale of ship-Commission-Claim by brokers upon commission note - Commission note signed on assumption of firm contract between defendant (seller) and purchaser-Introduction of client to defendant-Quantum meruit.

STRINGO v. OWNERS OF CARGO EX STEAMSHIP "DORIS."

(1928) 31 Ll.L.Rep. 230

Salvage-Agreement-Lloyd's form-Salvage of tins of oil from vessel stranded in ’gean Sea - Arbitration - Award - Salved cargo loaded in salvor's barge- Sinking of barge on voyage to Salonica -Counterclaim-Allegation of negligence against salvor rejected by arbitrator -Authority of salvor to dispose of or deal with salved cargo-Findings of fact-Award upheld.

ROZANES v. BOWEN.

(1928) 31 Ll.L.Rep. 231

Insurance-Jeweller's block policy-Loss- Claim-Non-disclosure and concealment of material facts-Questions as to previous insurances and losses-Answers in proposal form incomplete and calculated to mislead - Uberrimae fidei - Disclosure of facts to foreign broker- Business placed by foreign broker through Lloyd's broker with Lloyd's underwriter - Knowledge of broker is not knowledge of underwriter-Policy avoided-Premium returned.

HOOD'S TRUSTEES v. SOUTHERN UNION GENERAL INSURANCE CO. OF AUSTRALASIA, LTD.

(1928) 31 Ll.L.Rep. 237

Bankruptcy-Insurance (motor car)-Claim for damages by A against assured in respect of personal injuries - Right of assured to indemnity from insurance company-Bankruptcy of assured before judgment-Vesting of right of assured to indemnity in trustee in bankruptcy- Alleged right of insurance company to repudiate on account of assured's failure to satisfy conditions of policy-Agreement by assured, for consideration, after adjudication, to release insurance company from all liabilities under policy - Estoppel - Second bankruptcy -Adjudication after judgment-Position of second trustee in bankruptcy considered.

J. ARON & CO. (INC.) v. MIALL.

(1928) 31 Ll.L.Rep. 242

Marine insurance-Damage to goods by rain and sea water-Purchase of goods c.i.f. by plaintiffs-Substantial part of damage sustained before shipment- Right of buyers to sue in respect of antecedent damage-Insurance "warehouse to warehouse" by sellers-Assignment of sellers' rights-Measure of damages-Arbitration between buyers and sellers-Whether award embraced defects in quality and water damage- Plaintiffs' claim upheld but reduced- Appeal dismissed.

THE "HALIARTUS."

(1928) 31 Ll.L.Rep. 247

Negligent navigation-Damage to jetty in Manchester Ship Canal by defendant vessel H-Claim by canal company- Entry into lock-Duty to hold back bearing in mind steamship D C already in lock-Allegation, that plaintiffs' servants were negligent in releasing flood water at material time, rejected by learned Judge-Finding that defendant vessel was negligent; further, that plaintiffs' servants were negligent in failing to keep back the D C, but that that negligence could by reasonable care and skill have been avoided by defendant vessel-Judgment for plaintiffs.

THE "MONTROSE."

(1928) 31 Ll.L.Rep. 254

Salvage-Services rendered by eight tugs to large vessel adrift in Liverpool dock- Violent storm-Effective service-Vessel secured in berth-£4000 awarded on salved values of £420,000.

THE "CISIL."

(1928) 31 Ll.L.Rep. 258

Collision between steamships in North Sea during dense fog-Both found to blame for excessive speed and failure to stop.

LIND v. MITCHELL.

(1928) 31 Ll.L.Rep. 262

Marine insurance-Loss of ship-Claim by assured (mortgagee)-Ship holed by ice, set on fire and abandoned by master- Suspicious circumstances-Insufficient evidence of motive fraudulently to destroy ship-Finding that vessel was damaged by peril insured against but that she was prematurely abandoned- Judgment for plaintiff-Remarks of learned Judge as to position of innocent mortgagee where vessel, having suffered peril insured against, is fraudulently abandoned by master.

THE "COPELAND" AND THE "STARLING."

(1928) 31 Ll.L.Rep. 269

Collision between barge and steamship in Blackwall Reach - Joint defendants- Allegation by first defendants that collision was the inevitable result of second defendants' negligence - Vessel approaching a narrow bend in the Thames against the tide-Duty to ease and stop - Port of London River By-laws, 1914-26, Nos. 33 and 36 - Second defendants found alone to blame.

THE "THAMES III" AND THE "K.B.S."

(1928) 31 Ll.L.Rep. 274

Negligence - Damage to barge - Barge moored to motor barge in tideway of River Thames-Rope cast off by motor barge preparatory to proceeding - Undue strain upon remaining moorings -Breaking adrift of barge-Liability of motor barge.

LEWIS JONES v. J. HOWELL-PRICE.

(1928) 31 Ll.L.Rep. 277

Libel and slander-Claim by pilot against master of vessel for damages-Allegations that pilot was suffering from effects of alcohol and unfit to act as pilot-Justification-Qualified privilege -Finding of jury that statements made by defendant were untrue in substance and fact but that defendant did not act maliciously-Judgment for defendant.

BURNARD & ALGER, LTD. v. PLAYER & CO.

(1928) 31 Ll.L.Rep. 281

Bill of lading-Damage to cargo by sea water-Uncovering of hatchway during voyage through stress of weather-Peril of the sea-Unseaworthiness-Exception clauses provisional upon vessel being seaworthy "when she sails on her voyage"-Implied undertaking by shipowner that ship shall be seaworthy at every stage of voyage-Depletion of crew during voyage-Crew insufficient properly to attend to hatch covers Judgment for cargo-owners.

B. JACOB & SONS, LTD. v. BENNETT'S HAULAGE, WAREHOUSING & WHARFAGE COMPANY, LTD.

(1928) 31 Ll.L.Rep. 284

Negligence-Damage to barge during shifting of position at defendants' wharf- Fall of timber owing to defendants' servants' negligence-Licensees-Notice displayed at wharf exempting wharfowners from liability for any damage done to any craft using wharf-Forbes, Abbott & Lennard v. Great Western Railway, 29 Ll.L.Rep. 117, followed - Judgment for wharfowners.

MESSERS, LTD. v. "KOIT" (OWNERS OF).

(1928) 31 Ll.L.Rep. 286

Charter-party-Capacity of vessel-Failure to load complete cargo-Alleged breach of warranty - Improper stowage - Measure of damage.

THE "DAISY LITTLE."

(1928) 31 Ll.L.Rep. 287

Collision between tug and anchored sailing barge in River Thames during dense fog -Sailing barge at anchor-Tug proceeding to anchor - Failure of anchored vessel to sound her bell-Whether tug guilty of contributory negligence in navigating in fog-Judgment for tug.

THE "CANTON."

(1928) 31 Ll.L.Rep. 289

Collision between steamships in Great Bitter Lake, Suez Canal - Vessels originally on following courses-Leading vessel intending to anchor off fairway -Dispute as to relative positions of vessels immediately preceding collision -Finding that vessels were on crossing courses-Failure of give-way vessel to give way-Negligence of stand-on vessel in altering her course and speed and in failing to signal her manoeuvres- Both to blame in equal proportions- Costs where appellant partly successful.

THE "MAI."

(1928) 31 Ll.L.Rep. 293

Collision between steam trawlers in North Sea - Vessels on crossing courses - Failure of give-way ship to give way- Engine action by stand-on vessel in endeavour to avoid immediate peril - Judgment for stand-on vessel.

THE "BRITISH AMBASSADOR."

(1928) 31 Ll.L.Rep. 299

Collision between steamships in Firth of Forth in patchy fog-Plaintiff vessel to blame for excessive speed; not stopping; and helm action-Defendant vessel to blame for excessive speed-Apportionment: two-thirds; one-third.

THE "CLYNE ROCK."

(1928) 31 Ll.L.Rep. 303

Collision between ketch and steamship in English Channel-Sighting of ketch by steamship in time to avoid collision- Failure of steamship to prove that ketch altered her course or was carrying no lights-Judgment for ketch.

WESTMINSTER BANK v. BANCA NAZIONALE DI CREDITO AND OTHERS.

(1928) 31 Ll.L.Rep. 306

Banking-Sale of goods-Opening of credit by foreign buyers in favour of sellers (second defendants)-Mandate given by foreign bank (first defendants) (buyers' bankers) to English bank (plaintiffs)- Liability of foreign bank upon mandate or of sellers upon indemnity-Terms of credit - Acceptance against full sets of bills of lading - Bills of exchange presented to plaintiff bank by sellers for acceptance against documents - Full sets of bills of lading not presented-Bills of exchange accepted by plaintiff bank upon indemnity given by sellers-Construction of indemnity -Implied right of bank to refuse tender of bills of lading unless clean- Goods taken up by buyers (by arrangement with sellers) without bills of lading-Ordinary course of business- Ratification-Judgment for plaintiffs upon indemnity.

VLASSOPOULOS v. BRITISH & FOREIGN MARINE INSURANCE COMPANY, LTD.

(1928) 31 Ll.L.Rep. 313

General Average - York-Antwerp Rules, 1924- (1) Accident to ship while loading- Ship not in danger-Expenses. (2) Accident to ship on voyage - Danger not immediate but real- Expenses of port of refuge. Construction of rules - Relation between lettered and numbered rules - Predominance of lettered rules - Rules A, B and C; 10, 11 and 20.

IN RE NATIONAL BENEFIT ASSURANCE COMPANY, LTD.

(1928) 31 Ll.L.Rep. 321

Insurance - Reinsurance - Participation agreement - Claim by insurance company to prove in liquidation of participating company - True character of agreement-Test to be applied-Partnership agreement and reinsurance treaty contrasted-Contract of sea insurance- Necessity for stamping-Proof rejected by liquidator-Appeal dismissed.

PILAVACHI & CO. v. BANK OF ATHENS.

(1928) 31 Ll.L.Rep. 325

Banking-Sale of goods-Negligence of bank -Failure of bank to make proper tender of documents to buyers-Measure of damage-Goods shipped by sellers not in conformity with contract-Right of buyers to reject-Rejection by buyers on ground of non-conformity - Substituted proposal that buyers should take up documents and pay draft on indemnity to repay balance found due by arbitrator-Alleged duty of bank to communicate proposal to sellers - Exhaustion of mandate - Whether bank liable for misfeasance as gratuitous bailees-Nominal damages awarded against bank, sellers paying costs.

CLAN LINE STEAMERS, LTD. v. BOARD OF TRADE.

(1928) 31 Ll.L.Rep. 329

Charter-party-T.99-Requisitioned ship - Loss of C M by collision with W F- Whether marine or war risk-Finding of arbitrator, that C M was not engaged on warlike operation, upheld by Judge- Admission that W F was engaged on warlike operation-Proximate cause of loss-Sudden sheering of C M across bows of W F-Defective steering gear- Absence of negligence on part of W F- Finding by learned Judge that loss was due to fortuitous motion of C M and that it was not in consequence of a warlike operation-Appeal, by a majority, dismissed.

THE "HOMEWOOD."

(1928) 31 Ll.L.Rep. 336

Salvage-Services rendered by tug to steamship - Towage or salvage - Steamship previously in tow of tug under towage contract - Breaking adrift - Steamship anchored-Crew taken off by lifeboat- Subsequent resumption of towage without knowledge of steamship's crew - Assistance of tow relinquished-Steamship's anchors cut away-No justification for precipitate action on part of tug-Risks run unnecessarily-Damage sustained by tug-Loss of anchors set off against salvage claim-Judgment in respect of towage services-No costs.

THE "BARROW DEEP" AND THE "No. 8."

(1928) 31 Ll.L.Rep. 341

Collision between steamship and hopper barge in River Thames-Hopper barge (in tow of hopper) crossing river - Steamship bound up-Duty of vessel to cross at proper time having regard to vessels navigating up and down river- Thames By-laws, No. 34-Judgment for steamship.

THE "UNION."

(1928) 31 Ll.L.Rep. 341

Collision-Limitation of liability.

THE "KOTA RADJA."

(1928) 31 Ll.L.Rep. 345

Salvage-Services rendered by tug to motor vessel seriously damaged by collision in River Thames-Valuable services-£500 award on salved values of £297,000.

WALFORD LINES, LTD. v. PORTHLEVEN HARBOUR & DOCKS COMPANY.

(1928) 31 Ll.L.Rep. 347

Negligence - Damage to steamship - Bad berth - Further allegation that defendants (harbour authority) were negligent in failing in heavy weather to protect harbour with baulks of timber - Onus of proof-Finding that berth was safe and that shipowners had not discharged the onus of proof-Evidence of previous damage to vessel-Judgment for harbour authority.

PRICE BROTHERS & CO., LTD. v. C. E. HEATH.

(1928) 31 Ll.L.Rep. 352

Insurance (fire)-Loss of standing timber (Canada)-Claim-Defence of misrepresentation -Average value of timber per square mile - Issue of debentures by plaintiffs-Insurance by way of security -Timber insured in blocks - Money franchise and limited risk in respect of each block-Knowledge of underwriter that proposed insurance was not an insurance for the full value of the timber; of the proposed debenture issue; and of the desire only to secure such issue-Defence of misrepresentation not made out.

TURNER, NOTT & CO., LTD. v. THE LORD MAYOR, ALDERMEN AND BURGESSES OF THE CITY OF BRISTOL AND D/S A/S DAGBJORG.

(1928) 31 Ll.L.Rep. 359

Bill of lading-Discharge of cargo by shipowners into warehouse-Late arrival of bills of lading - Allegation by cargo-owners that vessel was prematurely discharged -Implied term of contract that shipowners should wait for a reasonable time for cargo-owners to appear or give orders-Breach-No appreciable damage - Demurrage expenses prevented - Nominal damages awarded.

Lloyd's Law Reports