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GENERAL ASPHALT COMPANY, LTD. v. ANGLO-SAXON PETROLEUM COMPANY, LTD.

(1931) 40 Ll L Rep 1

Contract - Company law - Plaintiff and defendant companies engaged in joint venture in exploitation of oil-Joint venture terminated and different arrangement substituted - Agreement between defendant company and plaintiff company that defendant company "will use such rights as it may possess and such influence as it can exercise to procure the Colon [in which defendants held a controlling interest] to deliver to them [plaintiffs] or as they may from time to time in writing direct during the life of the Vigas concession" a certain percentage of the crude oil produced from that concession - Construction - Meaning of "rights" and "influence"-Intention of parties - Doctrine of "business efficacy"

SPEAR & THORPE AND MICKS, LAMBERT & CO. v. "BOLIVIER" (OWNERS).

(1931) 40 Ll L Rep 13

Bill of lading-Damage to cargo (wheat) by sea water - Unseaworthiness or perils of the sea-Cargo shipped in good order and condition and delivered damaged - Shipowners' plea that damage was due to sea perils-Onus of proof-Canadian Water Carriage of Goods Act, 1910

SOUTH-EAST LANCASHIRE INSURANCE COMPANY, LTD. v. CROISDALE.

(1931) 40 Ll L Rep 22

Insurance (motor)-Claim by insurance company for premiums-Insurance of omnibuses - Dispute as to form of policy-Rebate clause

OLIVIER STRAW GOODS CORPORATION v. OSAKA SHOSEN KAISHA.

(1931) 40 Ll L Rep 24

Bill of lading-Non-delivery-"On board" bills of lading issued by shipowners when in fact goods were still in land storage-Goods stolen from storage by looters during earthquake-Right of shipowners to rely on limitation of value clause in bill of lading-Estoppel

THE "INGA."

(1931) 40 Ll L Rep 29

Collision between motor vessel Henford and steamship Inga in Upper Pool, River Thames - Henford bound up; Inga anchored after turning-Whether Inga came ahead-Inga in difficulties with her anchor chain and with barges on the south side of the river-Bad look-out on Inga - Duty of vessels under Thames By-laws, Rule 23

THE "TYNEMOUTH."

(1931) 40 Ll L Rep 34

Collision between steamship Chatwood and ferry steamship Tynemouth in River Tyne during fog-Chatwood bound up; Tynemouth making her way from south side to north side-Collision in Tynemouth's water-Reduction to slow speed by Tynemouth on hearing the Chatwood ahead-Whether she should have stopped or reversed

THE "CAPACITAS."

(1931) 40 Ll L Rep 36

Collision between motor vessel Prowess and Italian steamship Capacitas off Dungeness - Prowess at anchor; Capacitas proceeding to anchor - Whether vessels in fact collided-Proof of damage to Prowess-Survey report -Evidence that Prowess subsequently collided with and was damaged by bridge at Sandwich and that survey report was made after that bridge damage was sustained

BONNEY v. CORNHILL INSURANCE COMPANY, LTD.

(1931) 40 Ll L Rep 39

Insurance (motor)-Loss of motor coach by fire following breakdown-Claim- Defence: that assured had stated in the proposal form that he had bought the coach, whereas it was acquired under a hire-purchase agreement; that the coach was on a journey from Aberystwyth to London, which journey was not covered by the policy; that the claim was false; and that the coach was driven in an unsafe condition -Onus of proof-Meaning of "private hire"

"ROSSING" (OWNERS) v. WILLIAMSON.

(1931) 40 Ll L Rep 46

Charter-party-Discharging expenses (Dundalk) -Charter containing provisions that ressel was to discharge over rail; consignee to take delivery from rail- "Vessel has liberty to load and discharge with her own crew"-Vessel unable to discharge close to quay- Erection of staging-Union regulation that dock labourers must be paid for whole process of discharge, irrespective of whether crew helped-Liability for cost of discharging to ship's rail-

THE "LAKEWOOD."

(1931) 40 Ll L Rep 49

Collision between steamships Deerhound and Lakewood in River Humber- Claim by owners of cargo on board Deerhound against Lakewood-Deerhound proceeding down; Lakewood overtaking-Grounding of Deerhound in consequence of failure to answer her helm-Duty to sound grounding signal immediately-Deerhound run into by Lakewood-Capsizing of Deerhound as tide made-Damage to cargo-Liability of Lakewood

NELSON STEAM NAVIGATION COMPANY, LTD. v. BOARD OF TRADE. (THE "HIGHLAND HOPE.")

(1931) 40 Ll L Rep 55

Master-Court of Inquiry-Loss of vessel -Findings: (1) that master was guilty of negligence; and (2) that owners also were to blame in employing a master 75 years old-Appeal by owners-Merchant Shipping Act, 1894, Sect. 466 (11)

THE "OLAVUS."

(1931) 40 Ll L Rep 59

Salvage-Services rendered by tugs Rescue and William Fallows to steamship Olavus in difficulties in the Rivet Tyne - Bad weather - Propeller blades stripped-Short scope of anchor chain - Olavus taken in tow to safety - Salved values: £14,973-Tender of £70 -Awards: Rescue, £300; William Fallows, £150.

HARRIS & CO. v. A. E. G. ELECTRIC COMPANY, LTD.

(1931) 40 Ll L Rep 61

Contract - Breach - Agreement between plaintiffs (fire assessors) and general manager of defendant company that plaintiffs should act on company's behalf - Companies - Authority of general manager - Whether general manager clothed with "apparent" authority-Estoppel

DAWSON (SHIP STORES), LTD. v. ATLANTICA COMPANY, LTD.

(1931) 40 Ll L Rep 63

Principal and agent-Liability of agents for price of ships' stores sold and delivered by plaintiffs-Whether plaintiffs knew that defendants were acting as agents for foreign principals

GRAHAM v. WESTERN AUSTRALIAN INSURANCE COMPANY, LTD.

(1931) 40 Ll L Rep 64

Insurance - Reinsurance - Loss - Claim -Defence: that policy did not contain the full terms of agreement between the parties; that information (amounting to a representation) was given by the reinsured that the amount of his liability under the original policies was limited; and that the plaintiff was estopped from showing that his loss exceeded that amount

FORTH CONSERVANCY BOARD v. COMMISSIONERS OF INLAND REVENUE.

(1931) 40 Ll L Rep 69

Revenue-Income tax-Assessment-Shipping dues collected by Forth Conservancy Board-Balance of receipts over expenditure-Whether annual profits or gains - Income Tax Act, 1918, Schedule D, Cases I and VI

THE "URIBITARTE."

(1931) 40 Ll L Rep 77

THE "CALEDONIA."

(1931) 40 Ll L Rep 81

Collision between sailing barges Pacific and Caledonia in River Medway- Pacific at anchor; Caledonia bound down-Caledonia's anchor carried in improper position-Hole made under Pacific's leeboard-Sinking of Pacific an hour afterwards-Prima facie case against Caledonia-Duty of those on board Pacific

"PANAGOS LYRAS" (OWNERS) v. JOINT DANUBE & BLACK SEA SHIPPING AGENCIES OF BRAILA.

(1931) 40 Ll L Rep 83

Charter-party-Loading-"Non-working" holidays - Dispatch money-"Cargo shall be loaded at the average rate of 400 units per running day (Sundays and non-working holidays excepted) . . . Steamer to pay £15 per day dispatch money or pro rata for any part of a day saved including Sundays and holidays saved"-Meaning of "non-working" holidays

GENERAL MOTORS, LTD. v. CROWDER.

(1931) 40 Ll L Rep 87

Insurance (workmen's compensation) - Claim under policy-Notice to be given by assured as soon as practicable -Employee injured-Varying periods of temporary incapacity during which employee put on light work-Claim by employee under Workmen's Compensation Acts, over four years after accident-Right of assured to indemnity

MEDWAY OIL & STORAGE CO., LTD. v. RUSSIAN OIL PRODUCTS, LTD.

(1931) 40 Ll L Rep 90

Sale of goods-Non-acceptance-Duty of buyers under instalment contract to nominate and tender steamer to take delivery of oil-"The operation of this contract shall be suspended for such time as the supply or acceptance of the [oil] shall be stopped hindered or delayed by any" exempting cause "and at the buyers' option the contract quantity shall be reduced pro rata"-Nomination of unseaworthy vessel-Arbitrator's finding that unseaworthiness was due to an "exempting cause" and that buyers were not aware of unseaworthiness at the time of nomination

THE "GLITTRE."

(1931) 40 Ll L Rep 95

Collision between steamship Lady Lewis and motor vessel Glittre in Buenos Ayres entrance channel-Lady Lewis proceeding down north channel; Glittre proceeding down south channel; vessels meeting in main channel- Glittre overtaking the Lady Lewis- Duty of Glittre under local rule to ask permission to pass and to await assent by the Lady Lewis-No assent given- Hard-a-porting and full speed ahead by Lady Lewis in effort to avoid sheer by Glittre

THE "UNITY."

(1931) 40 Ll L Rep 99

Negligent navigation-Damage to sailing barge Gladys in Lower Pool, River Thames - Gladys, bound up, close-hauled on starboard tack - Sailing barge Unity, head down, running free on starboard tack, making for Bull Head Dock-Thames By-laws, 1914-1926, Rules 31 (a), 38-Duty of Unity to keep out of the way of Gladys-Gladys, put by, damaged by collision with dolphin in endeavour to avoid collision with Unity-Unity found alone to blame.

"CARLTON" (OWNERS) v. PORT OF LONDON AUTHORITY.

(1931) 40 Ll L Rep 101

Negligence-Damage to steamship Carlton proceeding through cutting from Royal Albert Dock to Royal Victoria Dock- Collision with wall-Damage to wall- Counterclaim by dock authority- Carlton in tow of tugs in employ of authority-Carlton signalled through by authority's employee-Negligence of employee in instructing tug Deanbrook to proceed through cutting at same time - Damage incurred in proper endeavour by Carlton to avoid collision -Right of authority to rely upon towage contract-Indemnity against loss or damage (even though due to negligence of authority's employees) arising "in the course of and in connection with the towage or transport . . ."

W. N. HILLAS & CO., LTD. v. ARCOS, LTD.

(1931) 40 Ll L Rep 106

Contract-Breach-Agreement by plaintiffs to purchase timber from defendants -Option to purchase a further quantity-Subsequent oral variation- Whether option cancelled - Finding of jury that option subsisted - Effect of oral variation - Right of plaintiffs to sue - Sale of Goods Act, 1893, Sect. 4

CHINA NAVIGATION COMPANY, LTD. v. ATTORNEY-GENERAL.

(1931) 40 Ll L Rep 110

BROOKE v. CROWN.

(1931) 40 Ll L Rep 115

Ship-Requisition of ex-Baltic vessels- Compensation - Petition of right - Judgment in petitioner's favour allowing him limited rate of freight- Whether entitled to free market rates- Application by petitioner, over five years afterwards, for an extension of time to appeal-Effect of bankruptcy of petitioner - Whether witness available at trial to give evidence as to the earnings of free British vessels -

THE "WEST TOTANT" AND THE "HERBERT."

(1931) 40 Ll L Rep 117

Collision between sailing barge Jane and steamship West Totant in Limehouse Reach, River Thames-Jane at anchor; West Totant, controlled by tugs, turning in river preparatory to entering Greenland Dock-West Totant put in difficulty by sailing barge Herbert, steamship having to cast off her tugs - Drift up river into collision with Jane eight minutes later - Starboard anchor lowered in attempt to prevent drift - Whether collision the proximate result of the negligence of the Herbert-Novus actus interveniens

THE "HEBBLE."

(1931) 40 Ll L Rep 121

Collision between steamships Continental Freighter and Hebble in River Scheldt -Continental Freighter, bound down, turning in river; Hebble bound up- Ebb tide - Whether Continental Freighter made her turn at the proper time, having regard to the Hebble

THE "LADY MARTIN."

(1931) 40 Ll L Rep 128

Collision between barge Limax (in tow of tug Gull) and steamship Lady Martin in Lower Pool, River Thames-Tug and tow bound up from Free Trade Wharf; Lady Martin crossing river from Shadwell entrance of the London Docks- Whether tug and tow had straightened up river-Duty of vessel crossing river

BROOKE v. CROWN.

(1931) 40 Ll L Rep 131

Ship - Requisition of ex-Baltic vessels - Compensation - Petition of right - Judgment in petitioner's favour allowing limited rate of freight - Whether entitled to free market rates-Application by petitioner, over five years afterwards, for extension of time to appeal - Alleged suppression of documents by Crown-Allegation withdrawn -Application refused.

FARRA v. HETHERINGTON AND OTHERS.

(1931) 40 Ll L Rep 132

Insurance (motor)-Non-disclosure-Loss of Arrol-Aster car by theft-Claim- Failure of plaintiff to disclose that a Morris car previously belonging to him had been "borrowed" on three separate occasions - Whether material

KAYLEY v. LEVY.

(1931) 40 Ll L Rep 136

Sale of goods-Rejection-Sale by plaintiff to defendant of bundles of scrap iron, part of a larger parcel bought by defendant for resale to Swedish buyers - Rejection of whole cargo by Swedish buyers on ground of quality - Claim by plaintiff for price - Counterclaim by defendant against plaintiff on account of rejection by Swedish buyers-Onus of proof

REVENUE OFFICER (BOTTOMLEY) v. WEST DERBY ASSESSMENT COMMITTEE. SAME v. SAME. MERSEY DOCKS AND HARBOUR BOARD v. WEST DERBY ASSESSMENT COMMITTEE. REVENUE OFFICER (BOTTOMLEY) v. LIVERPOOL GRAIN STORAGE & TRANSIT COMPANY. SAME v. SAME. REVENUE OFFICER (BOTTOMLEY) v. MERSEY DOCKS AND HARBOUR BOARD.

(1931) 40 Ll L Rep 141

Rating and Valuation (Apportionment) Act, 1928, Sects. 5, 6-Derating- Freight-transport hereditaments-Consideration of (1) bonded warehouses; (2) wool warehouse; (3) grain warehouses -Right to be included in the special rating list-Whether "used for warehousing merchandise not in the course of being transported"-Bonded warehouses and wool warehouse not included, grain warehouses included, in special list

THE "ZELOS."

(1931) 40 Ll L Rep 156

Collision between steamships Carlton and Zelos in Long Reach, River Thames, during fog - Carlton bound down; Zelos bound up - Controversy as to which side of the channel collision took place

THE "ZELOS" AND THE "CARLTON."

(1931) 40 Ll L Rep 164

Collision between barge Commonwealth (in tow of tug Musca) and steamship Zelos in Long Reach, River Thames, during fog - Musca following Zelos - Collision between Zelos and steamship Carlton-Sixteen point turn by Musca in endeavour to swing barge clear - Whether collision between the Commonwealth and the Zelos was the inevitable consequence of the collision between the Zelos and the Carlton

BREWTNALL v. CORNHILL INSURANCE COMPANY, LTD.

(1931) 40 Ll L Rep 166

Insurance (motor) - Loss of car by fire - Claim - Defence of concealment of material fact - Q. Cost price to proposer? A. £145 - Evidence that proposer gave £45 and another car (agreed price £100) in part exchange - Whether exchange of car should have been disclosed

ELICA SOCIETA ANONIMA v. OSMAN & CULVERWELL, LTD.

(1931) 40 Ll L Rep 168

Sale of goods - Claim for price of goods (preserved cherries) sold and delivered - Dispute as to quality of part of parcel delivered - Right to reject or to damages - Counterclaim that a further contract was entered into between the parties which was not implemented by the plaintiffs

WARD v. BRITISH OAK INSURANCE COMPANY, LTD.

(1931) 40 Ll L Rep 172

Insurance (motor) - Third party liability - Third Parties (Rights against Insurers) Act, 1930, Sect. 1 (1)-Judgment for plaintiff against insured company - Voluntary liquidation of company - Whether rights of insured company against insurers vested in plaintiff - Retrospection

MILLS & KNIGHT, LTD. v. PORT OF LONDON AUTHORITY.

(1931) 40 Ll L Rep 174

Nuisance - Claim by owners of dry dock for damage caused by infiltration of water - Dredging and other operations carried out nearly 200 yards away by Port of London Authority acting under statutory powers - Timber ponds converted into dock - Sheet piling sunk - Allegation that authority should have sunk piling down to clay stratum

THE "BREMEN."

(1931) 40 Ll L Rep 177

Collision between steamships British Grenadier and Bremen in English Channel in dense for - British Grenadier bound up; Bremen bound down - British Grenadier's signal heard abaft the beam of the Bremen, subsequent signals keeping the same bearing - Duty of Bremen - Collision Regulations, Arts. 16, 24, 29

THE "WYTHEVILLE."

(1931) 40 Ll L Rep 188

Collision between motor vessel Rhea and steamship Wytheville off St. Catherine's Point, Isle of Wight, in dense fog - Rhea bound up Channel; Wytheville bound down

THE "THEODOROS BULGARIS."

(1931) 40 Ll L Rep 197

Salvage - Services rendered by German steamship Livadia to Greek steamship Theodoros Bulgaris abandoned by her crew in the Bay of Biscay - Heavy weather - Steering gear disabled - Jury gear rigged - Towing hawser constructed - Vessel towed to Brest - Risk to bulk cargo of wheat - Danger to ship and cargo of probable total loss - Salved values: ship and freight, £11,700; cargo, £35,836 - Award: £10,000.

HILLAS & CO., LTD. v. ARCOS, LTD.

(1931) 40 Ll L Rep 206

Sale of goods - Breach - Agreement by plaintiffs to purchase from defendants "softwood goods of fair specification over the season 1930" - "Buyers shall also have the option of entering into a contract with sellers for the purchase of 100,000 standards for delivery during 1931. Such contract to stipulate that whatever the conditions are, buyers shall obtain the goods on conditions and at prices which show to them a reduction of 5 per cent. on the f.o.b. value of the official price list at any time ruling during 1931" - Option exercised - Failure of defendants to implement contract - Enforceability - Whether amounting to an agreement complete in itself or to an agreement that at a future date an agreement would be completed - Measure of damages - Contract and market prices - Limitation of market

SIMPSON v. EVERARD & SONS, LTD.

(1931) 40 Ll L Rep 214

Charter-party - Breach - Agreement to carry cargo of wet linseed - Loading of linseed - Refusal by shipowners to proceed on voyage owing to liquid character of cargo-Cargo discharged after payment of demurrage-Whether charterer entitled to repayment

TEMPUS SHIPPING CO., LTD. v. LOUIS DREYFUS & CO.

(1931) 40 Ll L Rep 217

General average - Claim by shipowners against cargo-owners for contribution towards ship's expenditure occasioned by spontaneous combustion of bunkers - Counterclaim by cargo-owners for loss of or damage to cargo - Unseaworthiness - Merchant Shipping Act, 1894, Sect. 502 - Finding that loss happened without "actual fault or privity" of shipowners.

THE "FALCON."

(1931) 40 Ll L Rep 227

Collision between tug Banto and steamship Falcon in Upper Pool, River Thames - Banto bound up; Falcon leaving St. Katherine Docks stern first - Flood tide - Thames By-laws, 1914-1926, Rules 26, 34 - Construction of Rule 26 - Finding that Falcon properly sounded signals of one long followed by three short blasts on leaving the docks

ANGLO-AFRICAN (ORAN) COALING COMPANY, LTD. v. GRIFFITHS, TATE & CO.

(1931) 40 Ll L Rep 233

Contract - Breach - Supply of coal by plaintiffs to shipowners - Drafts drawn by masters of ships supplied - Collection by defendants as plaintiffs' agents - "In the case that according to our [defendants'] request the drafts have been drawn at a period longer than that agreed for the payment to you [plaintiffs] of the supply, you will indorse drafts to us in the usual way but the payment to you will be made by us at the period between you and us. Should any bad debts question arise it is clearly understood that the risk of non-payment will be for suppliers' account if there is owners' bankruptcy before the date when the payment is due to you by us whilst it is for our account in other cases" - Construction - Meaning of "owners' bankruptcy" - Draft period extended at defendants' request - Liability of defendants - Counterclaim by defendants in respect of draft alleged to have been paid in ignorance of fact that bankruptcy had taken place

DAWSON LINE, LTD. v. AKTIENGESELLSCHAFT "ADLER" FUER CHEMISCHE INDUSTRIE.

(1931) 40 Ll L Rep 237

Charter-party - Freight - (14). Freight to be paid "on bill of lading weight less 2 per cent. in lieu of weighing but receivers to have the option . . . to pay on delivered weight in which event cargo to be weighed on board or alongside by official weighers . . ." - Loading of coal - Indication from vessel's draught that coal was shipped in excess of bill of lading weight - Weighing of cargo at ship's request - Freight paid by charterers (receivers) on outturn weight less 2 per cent. - Right of charterers to deduct 2 per cent.

KOLBIN & SONS AND OTHERS v. KINNEAR & CO., LTD., AND OTHERS (THE "ALTAI"); SAME v. UNITED SHIPPING COMPANY, LTD. (THE "EDUARD WOERMANN").

(1931) 40 Ll L Rep 241

(1) Conversion-Damages-Claim against ship's agents by owners and shippers (pre-Soviet Russian partnership) in respect of goods delivered to A without production of bills of lading-Consignment "unto order of War Office for account of (pursuers) or to his or their assigns"-Delivery of goods to A (as pursuers' agent) for transfer to War Office-Authority of War Office-Price paid by War Office to A and retained by him-Bankruptcy of A-Plea of mora-Interest. (2) Conversion-Damages-Claim against ship's agents by owners of goods (pre-Soviet Russian partnership)-Goods dispatched by the defenders from Archangel to England admittedly in pursuers' interests - Goods disposed of to A (as pursuers' agent)-Defendants as negotiorum gestores-Goods sold by A and the price retained by him - Bankruptcy of A - Plea of mora - Interest.

THE "CALCARIA."

(1931) 40 Ll L Rep 249

Salvage-Services rendered by steamship Artificer and by tug Tactful to steamship Calcaria-Calcaria, with engines disabled, anchored off Sheringham Shoal-Calcaria towed by Artificer to a position off Yarmouth-Risk to Artificer, having regard to fact that she herself was temporarily repaired after collision damage-Salvage services by Artificer admitted - Calcaria towed into Yarmouth Harbour by Tactful- Whether salvage or towage-Calcaria without manoeuvring power

MORSER v. EAGLE, STAR & BRITISH DOMINIONS INSURANCE COMPANY, LTD.

(1931) 40 Ll L Rep 254

Insurance (jewellery)-Loss of jewellery in transit from London to Tunis-Claim- Defences: Fraud and/or non-disclosure - Evidence that claimant had suffered a previous loss of jewellery, such jewellery being recovered - Whether material-Finding of jury that claimant had not proved a loss and that the previous loss was material and should have been disclosed-Fraud not proved-Claim dismissed.

A/S WESTFAL-LARSEN & CO. v. RUSSO-NORWEGIAN TRANSPORT COMPANY, LTD.

(1931) 40 Ll L Rep 259

Charter-party - Demurrage - Holidays - "Cargo to be loaded and stowed in nine weather working days, Sundays and holidays excepted . . ."-Loading of vessel at Leningrad - Loading time including Christmas Day, Boxing Day and New Year's Day-Whether holidays within meaning of charter-party - Effect of Soviet decrees

COMPANIA GENERAL DE TABACOS DE FILIPINAS v. UNITED STATES OF AMERICA.

(1931) 40 Ll L Rep 263

Bill of lading-Unseaworthiness-Damage to cargo-Leaky tank-Knowledge of shipowners that tank was leaky-Orders given to keep tank dry during voyage- Tank filled by engineers during voyage -Harter Act, Sect. 3

RONAASEN & SON v. METSANOMISTAJAIN METSAKESKUS O/Y.

(1931) 40 Ll L Rep 267

Arbitration-Submission-Sale of goods (timber)-"Should any dispute arise under this contract which it may be found impossible to settle by amicable arrangement within 10 days of a notification to the seller's agents which shall specify the items complained of (stating whether the claim is for condition and/or quality) and the monetary amount claimed . . ." the dispute to be referred to arbitration- Rejection of timber by buyers as not being in accordance with contract- Refusal by buyers to appoint arbitrator -Arbitration enforced by sellers and award made-Application by buyers to set aside award on the ground that the dispute was not within the submission - Waiver by conduct

NIVOSE SOCIETA ANONIMA DI NAVIGAZIONE v. BRITISH ITALIAN BANKING CORPORATION, LTD.

(1931) 40 Ll L Rep 272

Banking - Contract - Agreement between defendants (London bank) and Italian bank (plaintiffs' agents)-Defendants to honour plaintiffs' drafts upon advices received from Italian bank- Draft drawn by plaintiffs on defendants -Error in defendants' books- Draft dishonoured

D. A. STATHATOS STEAMSHIP COMPANY, LTD., v. CORDOBA CENTRAL RAILWAY COMPANY, LTD.

(1931) 40 Ll L Rep 274

Charter-party-Demurrage-Strike-"The cargo to be taken from alongside by consignees at port of discharge, free of expense and risk to the vessel. . . . In case of strikes, lock-outs . . . which prevent or delay the discharging, such time [for unloading] is not to count, unless the vessel is already on demurrage. Consignees to effect the discharge of the cargo, vessel paying 3s. per ton . . . and providing only steam, steam-winches, winchmen, gins, and falls"-Strike during unloading before expiry of lay days-Discharge prevented-Unloading finished before end of strike, non-union labour being employed-Whether non-union labour should have been engaged sooner

BRITISH RAILWAY TRAFFIC & ELECTRIC COMPANY, LTD., v. JONES AND ANOTHER.

(1931) 40 Ll L Rep 281

Charter-party-Hire-Purchase of motor boat by defendants from A-Deposit paid-Failure to complete purchase- Agreement by plaintiffs to pay balance and to charter boat to defendants on hire-purchase charter - Finding of learned County Court Judge that transaction was in the nature of a loan to defendants, with the charter-party as security, and should have been in the form provided for by, and registered under, the Bills of Sale Acts, 1878 and 1882; and that, the Bills of Sale Acts not having been complied with, the hire-purchase agreement between plaintiffs and defendants was void and could not be sued upon

WESTRALIAN FARMERS, LTD., v. KING LINE, LTD.

(1931) 40 Ll L Rep 283

Charter-party-Commission on freight- Rate of exchange-Freight payable in British sterling (or its equivalent)- "Five per cent. commission upon the freight . . . is due and payable at the loading port [Fremantle, W.A.] by the shipowners to the charterers on the vessel being loaded. . . . All sums due in Australia to the charterers shall be paid in Australian currency"- Whether commission payable in British or Australian currency

HARLAND & WOLFF, LTD. v. BURNS & LAIRD LINES, LTD.

(1931) 40 Ll L Rep 286

Contract of affreightment-Agreement by defenders to carry pursuers' machinery from Glasgow to Belfast-Capsizing of vessel-Loss of machinery-Claim- Machinery shipped under sailing bills providing that defenders were not to be liable for "unseaworthiness or unfitness in ship . . . before, at, or after, the commencement of the voyage"- Alleged unseaworthiness-Liability of defenders - Carriage of Goods by Sea Act, 1924, Schedule, Arts. I, III, VI- Acknowledgment of shipment in good condition given after loss-Whether constituting a bill of lading

SOUTH AFRICAN RESERVE BANK v. SAMUEL & CO., LTD.

(1931) 40 Ll L Rep 291

Banking - Letters of credit - Anticipatory advances clause - Advances pending shipment - Construction of clause calling for deposit of documents as security - Warehouse certificates received which did not describe the goods sold - Appeal by plaintiffs against judgment in favour of defendants

HILLAS & CO., LTD. v. ARCOS, LTD.

(1931) 40 Ll L Rep 307

Sale of goods - Breach - Agreement by plaintiffs to purchase from defendants "softwood goods of fair specification over the season 1930" - "Buyers shall also have the option of entering into a contract with sellers for the purchase of 100,000 standards for delivery during 1931. Such contract to stipulate that whatever the conditions are, buyers shall obtain the goods on conditions and at prices which show to them a reduction of 5 per cent. on the f.o.b. value of the official price list at any time ruling during 1931" - Option exercised - Failure of defendants to implement contract - Whether defendants entitled to plead that option clause was an unenforceable agreement

THE "GOLDEN GLEAM."

(1931) 40 Ll L Rep 316

Collision between steamship Homefire and steam trawler Golden Gleam off Whitby - Whether vessels on crossing or parallel courses

THE "NORA."

(1931) 40 Ll L Rep 322

Collision between steamships Zvir and Nora in Liverpool Bay during dense fog - Zvir moving from anchorage at entrance to River Mersey to a safer position outside - Navigation on wrong side of channel - Nora inward bound

AKTIESELSKABET DAMPSKIBSSELSKABET HEIMDAL v. PULLIN & CO., LTD.

(1931) 40 Ll L Rep 325

Charter-party - Demurrage - Strike - Shipowners' option to cancel in case of strike not exercised - Subsequent agreement to load, strike or no strike, for extra freight - Duty of charterers to load with customary dispatch - Whether cargo ready

BROAD & MONTAGUE, LTD. v. SOUTH EAST LANCASHIRE INSURANCE COMPANY, LTD.

(1931) 40 Ll L Rep 328

Insurance (motor) - Non-disclosure - Insurance of plaintiffs' vehicles by defendants - Defendants' option to cancel policies after notice, proportionate part of premiums to be returned - Option exercised - Refusal by defendants to return part premiums - "Has any company or underwriter declined to insure or required an increase of premium on any of your vehicles or stipulated for an excess or cancelled your policy? Yes; L company" - Information received after inquiry from L company that plaintiffs had been previously insured with C company - Subsequent discovery by defendants that C company had refused the risk - Duty of assured as regards previous insurers

THE "EDISON."

(1931) 40 Ll L Rep 333

Collision - Loss of plaintiffs' dredger - Damages - Reference - Motion by defendants in objection to Registrar's report - Interruption of plaintiffs' contract with harbour authority - Delay in finding substitute dredger owing to lack of financial resources- Effect upon measure of damages - Remoteness - Finding of Registrar that plaintiffs were entitled to take all reasonable steps in the emergency which arose to carry out their contract with as little delay as possible, having regard to all the existing circumstances, such as the severe terms of their contract in regard to penalties and their want of liquid resources; that plaintiffs were equally bound to minimize the damages flowing from the sinking of their dredger; and that the plaintiffs, in the action they took, acted reasonably

PEARSON v. "SEAPRO" (OWNERS).

(1931) 40 Ll L Rep 337

Jurisdiction - Admiralty - Master - Claim for salary, victualling expenses, disbursements, &c., under special contract with shipowners - Writ in rem-Motion to set aside-Whether right to sue in rem excluded by Supreme Court of Judicature (Consolidation) Act, 1925, Sect. 22(1)(a)(viii)

THE "BORUSSIA" AND THE "BELFORD."

(1931) 40 Ll L Rep 340

Collision between plaintiffs' barges Nancy, Agnes, &c., and first defendants' steamship Borussia in Woolwich Reach, River Thames-Barges moored in roads- Borussia bound up river-Allegation by Borussia that collision was due to being put by by second defendants' steamship Belford, bound down river- Denial by Belford that she was concerned in collision-Proof of identity

THE "GARRIGILL."

(1931) 40 Ll L Rep 347

Salvage-Services rendered by trawler Mary Evelyn to trawler Garrigill off South Goodwin Light-vessel-Propeller disabled - Weather worsening - Garrigill towed to Ramsgate-Services admitted-Tender of £150-Basis of award

MITCHELL & POLNAUER v. BEHREND & CO.

(1931) 40 Ll L Rep 350

Charter-party-Conflict of laws-Claim for distance freight-Freight engagement notes entered into in Egypt-Space engaged by defendants from plaintiffs to carry cargo from Alexandria to London-Swedish vessel chartered by plaintiffs - English charter - Cargo shipped under General Produce Black Sea, Azoff and Danube Steamer Bill of Lading-Law applicable-Intention of parties

R. & W. PAUL, LTD. v. NORTHUMBRIAN SHIPPING COMPANY, LTD.

(1931) 40 Ll L Rep 357

Bill of lading-Damage to cargo (maize)- Unseaworthiness or inherent vice - Damage admittedly salt water damage -Suggestion that damage was due to condensation of abnormal moist content of maize upon salt-encrusted walls of hold-Evidence that maize, which was loaded indiscriminately, was damaged in one part only

SLINGSBY AND OTHERS v. DISTRICT BANK, LTD. (MANCHESTER).

(1931) 40 Ll L Rep 360

Negotiable instruments-Cheque-Indorsement -Purchase of war loan by plaintiffs (executors of T)-Cheque drawn on defendant bank by Cumberbirch & Potts (solicitors managing estate)- "Pay X & Co. . . . or order"-Fraudulent alteration of cheque by Cumberbirch to: "Pay X & Co. per Cumberbirch & Potts or order" - Cheque indorsed "Cumberbirch & Potts" and paid by Cumberbirch into account of company to which he was indebted- Cheque cleared and plaintiffs' account at defendant bank debited-Claim by plaintiffs against defendant bank - Duty of customer towards bank-Bills of Exchange Act, 1882, Sects. 60, 64, 80

IN RE ASHWORTH AND ANOTHER (EX PARTE BANCO GERMANICO DA AMERICA DO SUL).

(1931) 40 Ll L Rep 366

Bankruptcy-Property in possession of trustee - Duty of trustee - Debtors with house at Rio Janeiro - Bill in favour of applicants drawn by Rio Janeiro house on debtors and accepted by them-Provision made by Rio Janeiro house- Delay in fixing date of actual telegraphic transfer - Bankruptcy of drawers and acceptors

Lloyd's Law Reports