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THE RIGHT HON. COURTENAY CHARLES EVAN VISCOUNT TREDEGAR v. HARWOOD AND THE PRINCIPALITY BUILDING SOCIETY.

(1928) 32 Ll L Rep 1

Landlord and tenant-Lease-Breach of covenant to insure "in the Law Fire Office or in some other responsible insurance office to be approved of by the lessor"-Construction-Right of lessor to withhold approval of insurance with the X company, an admittedly responsible office.

THE "ULVEN."

(1928) 32 Ll L Rep 7

Bill of lading-Damage to cargo (dried fish)-Unseaworthiness or perils of the sea-Onus of proof of unseaworthiness -Finding that weather was such as might be expected, bearing in mind time of year (November) and place (North Sea); and that vessel was unseaworthy consequent upon being improperly caulked - Judgment for cargo-owners.

THE "YOUNG SID."

(1928) 32 Ll L Rep 15

Collision between steam drifters in Lowestoft Harbour - Apportionment of blame by County Court Judge- Appeal against apportionment - Absence of clear and reliable grounds for apportioning damage other than under customary rule-Appeal allowed -Vessels found equally to blame.

THE "TREVAYLOR."

(1928) 32 Ll L Rep 18

Salvage - Services rendered by tugs and pilot cutter to steamship ashore off Breaksea Point, Bristol Channel-No real danger of ship or cargo sustaining serious damage of a worse nature under the conditions of place and tide -Tender upheld.

LEITH SALVAGE & TOWAGE COMPANY, LTD. v. MIDDLESBROUGH SALVAGE COMPANY, LTD.

(1928) 32 Ll L Rep 25

Arbitration-Award-Motion to set aside- Charter-party-Liability of charterers for damage to steamship-Necessity for Court to know facts-Award sent back to arbitrator.

STOOMVAART MAATSCHAPPIJ "ZEELAND" v. HORLOCK; HORLOCK v. ISACHSEN.

(1928) 32 Ll L Rep 26

Wreck - Contract - Salvage operations undertaken by A - Guarantee given to Trinity House by A to light and mark wreck or in default to reimburse Trinity House cost of so doing or of dispersal-Purchase of week from A by B and from B by C-Indemnity- Subsequent abandonment of salvage operations-Permanent lighting, &c., subsequently undertaken by Trinity House-Liability of A to Trinity House -Whether reasonable to capitalise annual outlay-Rights of A and B to indemnities.

CIA. DE COMERCIO LIMITADA VAN WAVEREN v. SPILLERS, LTD.

(1928) 32 Ll L Rep 31

Sale of goods-C.i.f. contract-London Corn Trade Association Form No. 32, Clause 2 (a)-"Any reduction on freight . . . for ending voyage at any particular port to be for buyer's benefit" - Construction - Charter of ship by sellers-Whether clause in sale contract applicable to reduction on freight contemplated by charter-party.

CLYDE NAVIGATION TRUSTEES v. BOWRING STEAMSHIP COMPANY.

(1928) 32 Ll L Rep 35

Collision - Damages - Measure - Loss of hopper barge in River Clyde-Claim for insurances where claimant undertakes own risks disallowed-Claim for legal expenses incurred in preparation of salvage contract allowed - Claim for establishment charges allowed but reduced-Replacement due and loss of use of barge- Principle to be applied where no market for type of barge in question- Claimants awarded (1) cost of reasonably efficient secondhand barge; (2) cost of adaptation for special purpose; and (3) compensation for loss of use of barge for two years from date of collision.

THE "PARKHILL."

(1928) 32 Ll L Rep 39

Negligent navigation - Capsizing of tug made fast to steamship at entrance to Regent's Canal Dock - Loss of life - Alleged negligence of steamship manoeuvring in ordinary and usual way-No evidence of want of care- Judgment for steamship.

THE "LEE LEE."

(1928) 32 Ll L Rep 44

Negligence - Damage to dumb barge moored at jetty - Alleged casting off and remooring of barge by crew of defendant motor vessel approaching jetty-Onus of proof-Failure of barge to substantiate case-Judgment for motor vessel.

TRADING COMPANY L. & J. HOFF v. UNION INSURANCE SOCIETY OF CANTON, LTD., AND C. I. DE ROUGEMONT.

(1928) 32 Ll L Rep 48

Insurance (theft)-Loss of bearer shares during railway journey-Defence of fraud, misrepresentation and concealment of material facts-Over-valuation.

McNEIL v. GENERAL STEAM NAVIGATION COMPANY, LTD.

(1928) 32 Ll L Rep 68

Negligence - Personal injuries sustained by lock foreman due to snapping of ship's rope fastened to bollard on quay -Alleged failure by ship to carry out dockmaster's order to "surge the ropes"-Jury's finding for defendant shipowners.

LEEN v. PRESIDENT OF THE EXECUTIVE COUNCIL OF THE IRISH FREE STATE AND OTHERS.

(1928) 32 Ll L Rep 69

Compensation (Ireland) - Claim - Malicious destruction of Irish castle- Castle insured against loss or damage by riot or civil commotion-Compromise under insurance policy- Amount received from underwriters in settlement-Further claim lodged with Compensation (Ireland) Commission- Report in claimant's favour-Right to sue for sum awarded by report-Claim held to be unsustainable-Leave to appeal refused.

LIND v. MITCHELL.

(1928) 32 Ll L Rep 70

Marine insurance-Loss of ship-Claim by assured (mortgagee)-Ship holed by ice, set on fire and abandoned by master - Suspicious circumstances - Absence of evidence of motive fraudulently to destroy ship-Finding that vessel was damaged by peril insured against but that she was prematurely abandoned - Negligence of master resulting in continuing action of previously existing peril of the sea- Right of assured to recover-Samuel v. Dumas, 18 Ll.L.Rep. 211, distinguished -Marine Insurance Act, 1906, Sects. 55 (2) (a), 60, 78 (4)-Judgment for assured-Appeal dismissed.

TRADING COMPANY L. & J. HOFF v. UNION INSURANCE SOCIETY OF CANTON, LTD., AND C. I. DE ROUGEMONT.

(1928) 32 Ll L Rep 76

Insurance (theft)-Loss of bearer shares during railway journey-Defence of fraud, misrepresentation and concealment of material facts-Over-valuation.

THE "WHITBY ABBEY."

(1928) 32 Ll L Rep 76

Collision-Limitation of liability.

W. H. RHODES & SON v. BUGSIER REEDEREI UND BERGUNGS A.-G.

(1928) 32 Ll L Rep 83

Negligence-Personal injuries to stevedore (in employ of plaintiffs) while engaged in discharge of defendants' vessel- Compensation paid by plaintiffs - Claim for indemnity against defendants -Alleged faulty tackle-Finding for plaintiffs.

CLARK v. BARNETT.

(1928) 32 Ll L Rep 85

Workmen's compensation-Personal injury sustained by dock labourer-Full compensation paid - Subsequent medical report that employee was fit for light work - Application by employer for review-Finding that employee was fit for work as guyman or hatchman, but that dock labourer could not pick and choose particular class of work; and that employee in fact (on medical advice) refused work as guyman or hatchman-Facts taken into account by arbitrator; (1) Exiguity of light work available; (2) wages payable for light work; (3) former wages; and (4) refusal of light work offered - Award upheld.

GOSSE, MILLERD, LTD. v. CANADIAN GOVERNMENT MERCHANT MARINE, LTD.

(1928) 32 Ll L Rep 91

Bill of lading-Damage to cargo (tinplates) - Liability of shipowner- Finding of fact that cargo was damaged by rain while repairs to ship being effected-Negligence in dealing with tarpaulins covering cargo hatches - Shipowners not responsible for "Act, neglect, or default . . . in the management of the ship"-"Want of care of cargo" and "want of care of vessel indirectly affecting the cargo" distinguished - The Glenochil, [1896] P. 10, applied - Judgment for cargo-owners - Carriage of Goods by Sea Act, 1924, Schedule, Arts. III (2), IV (2) (a).

ROZANES v. BOWEN.

(1928) 32 Ll L Rep 98

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 "to serve as the basis of the contract" incomplete and misleading - Uberrima fides - Materiality of knowing that thefts had taken place shortly before insurance proposal-Disclosure of material facts to foreign broker-Business placed by foreign broker through Lloyd's broker with Lloyd's underwriter - Insurance practice at Lloyd's discussed by Scrutton, L.J. - Relation between broker and underwriter at Lloyd's - Broker not the agent of the underwriter -Policy avoided-Premium returned- Appeal dismissed.

THE "MARLOCH."

(1928) 32 Ll L Rep 104

Collision between steamships in Barking Reach-Vessel A (defendant) coming up river in tow of four tugs-Vessel B (plaintiff) crossing river after backing out from Barking Creek-Bad look-out -Duty of crossing vessel to take account of river traffic - Misreading of A's signal by B, with consequent acceleration by B across A's bows - B found alone to blame.

TRADING COMPANY L. & J. HOFF v. UNION INSURANCE SOCIETY OF CANTON, LTD., AND C. I. DE ROUGEMONT.

(1928) 32 Ll L Rep 109

Insurance (theft) - Loss of bearer shares during railway journey - Defence of fraud, misrepresentation and concealment of material facts-Over-valuation.

IN RE LONDON & PARIS STEAMSHIP COMPANY, LTD.

(1928) 32 Ll L Rep 117

Company-Memorandum of association- Alteration of objects.

TAYLOR AND ANOTHER v. CAIRN LINE.

(1928) 32 Ll L Rep 118

Negligence-Claim against shipowners by dependants of deceased stevedore-Fall into hold-Hatch cover in wrong position -Provision and application of hatch covers-Availability-Markings -Relative duties of shipowners and stevedores discussed-Docks Regulations (S.R. & O., 1925, No. 231), Nos. 14, 34 (a), 35-Whether adequate to cover common law duties-Judgment for shipowners.

COMMISSIONERS OF INLAND REVENUE v. FORTH CONSERVANCY BOARD.

(1928) 32 Ll L Rep 125

Income Tax-Assessment-Shipping dues collected by Forth Conservancy Board -Whether Board a concern "having profits from or arising out of any lands, tenements, hereditaments, or heritages"-Income Tax Act, 1918, Schedule A, No. III, r. 3.

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

(1928) 32 Ll L Rep 129

Negligence-Repairs to ship-Damage to ship and cargo by fire-Use of oxyacetylene plant by repairers-Onus of proof-Evidence of flying sparks accepted, of smoking by ship's servants not accepted by learned trial Judge- Allegation of contributory negligence overruled-Position of appeal Court where question is one of fact depending upon the oral testimony of witnesses- Judgment for ship and cargo-owners.

THE "SAN GERARDO."

(1928) 32 Ll L Rep 134

Collision between steamships in Thames estuary - Erroneous conclusion of plaintiffs' pilot that defendant vessel was making for Medway-Precipitate action without exchange of signals- Judgment for defendants.

TRADING COMPANY L. & J. HOFF v. UNION INSURANCE SOCIETY OF CANTON, LTD., AND C. I. DE ROUGEMONT.

(1928) 32 Ll L Rep 139

Insurance (theft)-Loss of bearer shares during railway journey-Defence of fraud, misrepresentation and concealment of material facts-Over-valuation.

PAGE v. SCOTTISH INSURANCE CORPORATION, LTD.; FORSTER v. PAGE.

(1928) 32 Ll L Rep 147

Insurance (motor car) - Damage to assured's car while being driven by A (motor engineer)-Finding that accident was due to negligent driving by A-Repairs to car executed by A- Claim by A against insurance company for cost of repairs-Insurance company's rights to be subrogated to the assured's rights against A and to set off this amount against A's claim for cost of repairs-Whether dependent upon discharge of company's liability to assured-Judgment for insurance company.

TRUSTEE OF G. H. MUNDY (A BANKRUPT) v. BLACKMORE AND OTHERS.

(1928) 32 Ll L Rep 150

Insurance (motor car)-Claim in respect of car damage-Defence of non-disclosure in proposal from-Failure to disclose particulars of previous accidents- "Minor accidents"-Further failure to disclose prior refusal of risk by another underwriter-Judgment for insurers.

THE "NORDEN" (OWNERS) v. MARSHALL.

(1928) 32 Ll L Rep 153

Charter-party - Demurrage, harbour dues and towage expenses-Term of charter that vessel should proceed "to Plymouth (Bayly's Wharf, Sutton Pool) or so near thereunto as she may safely get and deliver the [cargo] not always afloat but good safe berth with soft mud bottom . . ."-Right of shipowner where impossible to reach berth - Mutual duty of shipowner and charterer after vessel has arrived - - Vessel subsequently berthed at Bayly's Wharf and then moved by order of the harbour-master-Substituted berth offered by charterers but refused by mater - Allegation that substituted berth was unsafe not made out-Judgment for charterers.

SPILLERS MILLING AND ASSOCIATED INDUSTRIES, LTD., AND OTHERS v. THE "BRYNTAWE" (OWNERS).

(1928) 32 Ll L Rep 155

Bill of lading - Damage to cargo - Leaky bolts - "Due diligence to . . . make and keep the ship seaworthy"-Onus of proof - Heavy weather during voyage-Evidence that weather was as heavy on previous voyage - Expert evidence that leak was of long duration -Failure of shipowners to discharge onus - Canadian Water Carriage of Goods Act, 1910-Harter Act, 1893- Judgment for cargo-owners.

THE "IKALA."

(1928) 32 Ll L Rep 159

Collision - Damages - Reference-Loss of use of oil-carrying vessel in commercial service-Basis of assessment- Use of ship limited to carrying lubricating oil-Quantity of oil for import controlled by Government-Full quota of oil imported during year of collision -Measure of damage - Award by Registrar of cost of hiring substituted ship - Proof of loss - Case sent back to Registrar.

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

(1928) 32 Ll L Rep 166

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 - Appeal dismissed.

THE "YOUNG SID."

(1928) 32 Ll L Rep 176

Collision-Appeal-Costs-Original apportionment of blame: two-thirds; one-third -Finding on appeal that vessels equally to blame-Dictum of Lord Phillimore in the Canton, 31 Ll.L.Rep. at p. 293, discussed - Appellants awarded costs of appeal.

THE "KONSUL SCHULTE."

(1928) 32 Ll L Rep 178

Collision between steamships in River Oder-Inexplicable sheer of defendant vessel-Suggestion that she "smelt the ground"-"Grundzug"-Onus of proving that collision could not have been avoided-Collision probably due to over-starboarding in rounding bend- Absence of negligence on plaintiff vessel-Judgment for plaintiffs.

COMPANIA MEXICANA DE PETROLEO EL AGUILA S.A. v. ESSEX TRANSPORT & TRADING CO., LTD.

(1928) 32 Ll L Rep 182

Negligence - Loss of ship by fire (while loading petroleum) - Claim against shipowners by ship's agents for (1) disbursements; (2) salvage expenses; and (3) amounts paid in respect of personal injury and death claims- Counterclaim by shipowners for loss of ship-Fire due to spark following upon displacement of beam (negligently left insecure by crew) by gear negligently worked by stevedores-No proof that either party could have avoided the other's negligence-Position of stevedores -Whether independent contractors and therefore servants of the shipowner or whether servants of the agents -Finding that agents "intended to control" the stevedore and "regulate the manner in which he did his work" -Claim for disbursements and salvage expenses allowed; for personal injury and death claims disallowed-Counterclaim dismissed.

GARRATT v. PICKFORDS & HAY'S WHARF SHIPPING & FORWARDING COMPANY, LTD

(1928) 32 Ll L Rep 195

Contract-Bailment-Breach-Damage to goods ("Ryvita") by flood water- Claim against wharfingers - Alleged agreement to store only in certain riverside warehouses not made out- Implied duty of bailee to take reasonable care-Onus of proof-Finding (1) that storage accommodation was suitably dry; (2) that risk of flooding was not reasonably to be expected- Judgment for wharfingers.

TRADING COMPANY L. & J. HOFF v. UNION INSURANCE SOCIETY OF CANTON, LTD., AND C. I. DE ROUGEMONT.

(1928) 32 Ll L Rep 202

Insurance (theft)-Loss of bearer shares during railway journey - Defence of fraud, misrepresentation and concealment of material facts-Over-valuation.

THE "HELGOLAND" AND OTHER VESSELS (PART CARGO EX).

(1928) 32 Ll L Rep 211

Prize-Seizure of goods belonging to partnership firm-Order for condemnation of part-Transfer of remainder to Custodian of German Property- Solicitors' costs.

THE "HERCULANEUM."

(1928) 32 Ll L Rep 212

Collision between steamship and tug in Swansea Bay - Finding that vessels were on crossing courses and that steamship was the give-way vessel- Failure to give way-Bad look-out- Failure of tug to take heed of immediate danger-Both found to blame- Steamship: three-fourths; tug: one-fourth.

THE "SEACONNET" AND OTHER VESSELS.

(1928) 32 Ll L Rep 212

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

COLE v. DOULTON & CO., LTD.

(1928) 32 Ll L Rep 215

Negligence-Damage to crane during hire by defendants-Claim by crane-owner -Allegation rejected that crane was defective-Finding that damage was due to over-running, violent and negligent user of crane by defendants- Judgment for crane-owner.

EVANS v. JAMES WEBSTER & BROTHER, LTD.

(1928) 32 Ll L Rep 218

Bill of lading-Claim by shipowner for freight admitted-Counterclaim by indorsees of bills of lading in respect of short delivery and damage-Clean bills of lading signed by master-Subsequent protests by master and shipper that part cargo was stained, lost, &c.- Estoppel - Whether information in protests of such character as to justify indorsees in rejecting bills of lading- Short delivery-Incorporation in bill of lading of conclusive evidence clause in charter-party-Alleged fraud by shipper inducing master to sign bills without clausing-Whether affecting innocent indorsees-Bills of Lading Act, 1855, Sect. 3-Judgment for indorsees.

NEWSHOLME BROS. v. ROAD TRANSPORT & GENERAL INSURANCE COMPANY, LTD.

(1928) 32 Ll L Rep 226

Insurance (motor car)-Damage to omnibus by fire-Claim-Defence of non-disclosure and misrepresentation-Finding of fact by arbitrator that proposal form contained misstatements and concealed important facts-Form (addressed to assured) filled up by insurance agent and signed by assured -Full information given to insurance agent-Proposal to be the basis of the contract - Inadmissibility of verbal evidence to vary written contract-Insurance agent held to be the agent of the assured-Judgment for insurance company.

BARROW, LANE & BALLARD, LTD. v. PHILLIP PHILLIPS & CO., LTD.

(1928) 32 Ll L Rep 228

Sale of goods-Mistake-Sale of "700 bags (groundnuts) marked E.C.P. . . . lying at . . ." wharf - Indivisible parcel described in every particular-Entire price-Non-existence of part of parcel (through fraud of third party) at time contract entered into-Passing of property -Frustration-Mistake as to existence of goods sold-Whether acceptance of delivery order by wharfingers constituted an appropriation and involved passing of property in remainder of parcel-Sale of Goods Act, 1893, Sects. 6, 30-Contract held void.

CREDIT ANVERSOIS v. COLVILLE & SONS.

(1928) 32 Ll L Rep 232

Contract - Sale of goods - Assignment - Purchase by defenders of shipments of iron from A - Indorsement of bills of lading and invoices to pursuers-Direct payment from defenders to pursuers- Lien of transport company in respect of landing charges and freight-Refusal by transport company to release cargo without guarantee covering charges being given-Guarantee given by defenders with approval of A-Right to set off charges against price due to pursuers-Judgment for pursuers.

HORLOCK v. ISACHSEN.

(1928) 32 Ll L Rep 239

Wreck - Contract - Salvage operations undertaken by A (owners of sunken vessel)-Guarantee given to Trinity House by A to light and mark wreck or in default to reimburse Trinity House cost of so doing or of dispersal -Purchase of wreck from A by B and from B by C-Subsequent abandonment of salvage operations-Indemnity-B held liable to indemnify A-Construction of agreement between B and C- Liability of C.

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

(1928) 32 Ll L Rep 245

Sale of goods (sugar, c.i.f. Bombay)- Breach-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 - Sub-sale - Refusal by sub-buyers to take delivery-Fall in market value-Claim by buyers (plaintiffs) against sellers (defendants) for damages -Measure-Shipment date of the essence of the contract-Duty of buyers to minimize damages-No right of sellers (in breach) to compel buyers to enforce contract with sub-buyers- Buyers awarded as damages the difference between contract price and delivery value (Bombay)-Appeal dismissed.

THE "MOURINO."

(1928) 32 Ll L Rep 255

Salvage-Services rendered by tug A to steamship in River Thames-Defendant vessel, proceeding up river in tow of tug S, placed in difficulty by other vessels when approaching Tower Bridge -Probability of collision with abutment -Held to be a necessary service promptly and efficiently rendered - £250 awarded.

THE "VIKING." THE "LADY ELLEN."

(1928) 32 Ll L Rep 258

Collision between sailing barges in Faversham Creek-Anchored vessels-Disputed positions-V up-wind of L E- Held that V dragged down upon L E -Improper scope of chain-Collision not inevitable-Salvage claim by V against L E abandoned.

THE "FLASHLIGHT."

(1928) 32 Ll L Rep 262

Collision between barge (in tow of tug) and steamship in Limehouse Reach, River Thames - Proper execution of turning movement by steamship - Negligent action of tug and tow in endeavouring to cross ahead of steamship -Duty of tug and tow to "take action to avoid collision" - Thames By-laws, 1914-26, No. 23-Judgment for steamship.

HOME & COLONIAL INSURANCE CO., LTD. v. LONDON GUARANTEE & ACCIDENT CO., LTD.

(1928) 32 Ll L Rep 267

Moneys paid by mistake-Insurance-Reinsurance contracts entered into between plaintiffs and defendants without issue of stamped policies- Voluntary liquidation of plaintiff company-Amount due to defendant company-Dividends paid by liquidator to defendant company-Action to recover as moneys paid by mistake of fact-Evidence of liquidator that he did not know that policies had not been issued; that even if he had known that would not have affected his conduct -Ignorance of law-Moneys held irrecoverable.

UNITED BALTIC CORPORATION, LTD. v. DUNDEE, PERTH & LONDON SHIPPING COMPANY, LTD.

(1928) 32 Ll L Rep 272

Bill of lading-Damage to cargo (bales of burlap)-Goods shipped from Dundee to London in defendants' steamship and transhipped into plaintiffs' steamship for carriage to Libau-Clean bills of lading issued by plaintiffs' steamship at request of defendants-Indemnity given by defendants-Considerable damage found at destination (Libau)-Claim by consignees against plaintiffs settled-Claim by plaintiffs against defendants under indemnity- Damages-Plaintiffs awarded damages dependent upon proof of extent of damage on shipment into plaintiffs' steamship in London.

HARROWING STEAMSHIP COMPANY, LTD. v. LOUIS DREYFUS & CO.

(1928) 32 Ll L Rep 278

Charter-party - Custom of the port (Karachi) - Claim by shipowners for balance of freight admitted-Counterclaim by charterers in respect of short delivery (sugar) and for indemnity against liabilities incurred as ship's agents to receivers - Adoption at Karachi by ship's agents of method of discharge under "1919 agreement" -Whether shipowners liable for short delivery in absence of agent to terms of "1919 agreement" - Indian Sea Customs Act, 1878, Sect. 64-Held that "1919 agreement" was not proved to be a universal custom; that the agreement did not bind shipowners without assent to its terms; and that it was inconsistent with the terms of the charter-party.

GRIMSEY v. GRAHAME-WHITE AND TAYLOR MATTHEWS.

(1928) 32 Ll L Rep 285

Negligence-Personal injuries to seaman during lowering of launch-Alleged agreement by defendants to reimburse plaintiff cost of operation necessitated by injuries and to pay wages until fit -Authority of first defendant to bind second defendant-Jury's finding for plaintiff.

BRADLEY AND ANOTHER v. J. WEBSTER, SONS & CO., LTD.

(1928) 32 Ll L Rep 285

Negligence-Damage to plaintiffs' motor launch-Obstruction in bed of river- Tins accidentally dropped by defendants' servants while loading barge- Judgment for plaintiffs.

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

(1928) 32 Ll L Rep 287

Insurance (marine)-Slip-Issue of policy subsequent to loss-Loss of cork lying on jetty at Algeciras awaiting shipment -Damage "which may reasonably be attributed to fire"-Jettison- "Warehouse to warehouse" clause- Findings (1) that risk attached; (2) that loss was due to insured peril; and (3) that action taken by port and military authorities in extinguishing fire was not restraint of princes-Rectification -Express term of slip that Institute Cargo Clauses (F.P.A.) should be included in policy-Alleged implied term that policy should include "fire clause" (limiting terms of Institute Clauses)-Case referred back for finding of arbitrator whether usual form of policy included such or similar "fire clause"-Further findings by arbitrator

THE "WATERCOCK."

(1928) 32 Ll L Rep 290

Negligent navigation-Sinking of plaintiffs' barge (breasted to tug) off Blackwall Point, River Thames- Alleged excessive speed of passing (defendants') tug-Whether barge properly loaded-Identity of parties- Special care required to be exercised by vessel passing small craft-Onus of proof-Port of London (Consolidation) Act, 1920, Sect. 278-Judgment for barge.

THE "HERCULANEUM."

(1928) 32 Ll L Rep 293

Collision-Costs-Apportionment of blame -Plaintiffs: three-fourths; defendants: one-fourth-Special order as to costs-Plaintiffs to pay one-third of defendants' costs.

THE "DINORWIC."

(1928) 32 Ll L Rep 295

Crossing collision between steamships off Seaham Harbour-Failure of defendant vessel to give way-Allegation rejected that plaintiff vessel did not keep her course and speed-Endeavour by plaintiff' vessel at last moment to avoid collision by helm action-Judgment for plaintiff vessel.

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

(1928) 32 Ll L Rep 298

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-Appeal dismissed - Assessment of loss - Directions as to course of trial.

TRADING COMPANY L. & J. HOFF v. UNION INSURANCE SOCIETY OF CANTON, LTD., AND C. I. DE ROUGEMONT.

(1928) 32 Ll L Rep 299

Insurance (theft)-Loss of bearer shares in Esthonian railway company (successors of Russian company with properties in Esthonia, Latvia, Lithuania, Poland and Russia) during railway journey-Claim-Defence of non-disclosure and of fraudulent over-valuation and denial that loss occurred- Inferences to be drawn from nature and assets of company-Acquisition of shares by plaintiffs-Doubt as to genuineness of deposit receipts alleged to have been issued by Russian banks (certifying holdings in Russian company) entitling holders to shares in Esthonian company; as to genuineness of agreement between plaintiffs and Esthonian company authorising transfer to plaintiffs of shares in Esthonian company in consideration of transfer by plaintiffs to Esthonian company of new issue of shares in L.H. company-Position of L.H. company considered-Extravagant value put upon L.H. shares- Sale of line in Esthonia to Esthonian Government-Alleged loss of control of Esthonian company consequent upon loss of shares-Finding that even after alleged loss plaintiffs could still have controlled company and prevented sale to Government -Value of Esthonian company's assets-Inference to be drawn from compensation price paid by Government -Fictitious values put upon Latvian, Lithuanian and Polish properties -Scheme to produce appearance of market value for shares-Evidence of transfer of shares at price such lower than insured value-Non-disclosure -Whether obligation to disclose (where a question of valuation) limited to matters affecting risk-Whether necessary (to avoid policy) for over-valuation to be conscious and deliberate-Duty to disclose highly speculative value-Waiver- Whether name of Esthonian company should have put underwriters on inquiry - Evidence of theft during journey - Cumulative probabilities

HECHT, PFEIFFER (LONDON), LTD. v. SOPHUS BERENDSEN (LONDON), LTD.

(1928) 32 Ll L Rep 325

Sale of goods (f.o.b.)-Loading expenses -Obligation upon buyers to provide suitable vessel-Delivery at private wharf - Whether vessel suitable - Buyers referred by sellers to wharfingers -Vessel agreed by wharfingers but subsequently, on arrival, refused permission to load at wharf-Relationship between wharfingers and sellers- Liability of sellers for lighterage expenses.

GRIPAIOS v. KAHL, WALLIS & CO.

(1928) 32 Ll L Rep 328

Charter-party ("Centrocon")-Advance freight-Disbursements-Rate of exchange -"Freight shall be paid as follows, viz.:-Sufficient cash for steamer's use . . . to be advanced by charterers . . . at current rate of exchange for approved commercial bills on London . . ."-Meaning of "current rate of exchange for approved commercial bills on London" -Whether sight bills or bills drawn at 90 days-Finding by arbitrator of custom that advances of freight under "Centrocon" charter-party are made at current rate of exchange for 90 days sight bills on London-Whether good custom-Construction of arbitrator's finding-Bills of Exchange Act, 1882, Sect. 10-Award in favour of charterers upheld.

Lloyd's Law Reports