i-law.com

THE "ZIGURDS."

(1933) 45 Ll L Rep 1

Ship-Freight-Claims against freight fund - Ranking between equitable mortgagee and ship's agents, claiming as equitable assignees of freight, alleging notice to consignees-Disbursements made by ship's agents on behalf of ship-Document signed by master, with authority of managing owner: "Please pay the freight of my vessel . . . to my agents"-Notice given by agents to consignees: "We beg to give you notice that we hold captain's authority to collect the freight per this steamer's cargo, against which we have made payments"-Effect of notice- Whether sufficient to oust prior mortgagee who had failed to give notice

McLARTY v. PRINCE LINE, LTD.

(1933) 45 Ll L Rep 5

Workmen's Compensation - Accident arising in the course of employment- Whether arising out of employment -Seaman lost overboard on voyage -Off duty-Suicide and drunkenness excluded as possible causes- Finding of County Court Judge that accident arose in the course of the seaman's employment but that there was no evidence to show that it arose out of his employment-Discretion of Judge

THE "LOVOY."

(1933) 45 Ll L Rep 7

Salvage-Services rendered by motorboat Britannic and motor lifeboat Prudential to steamship Lovoy aground on Goodwin Sands-Danger to vessel-Fine weather-Local knowledge of salvors-Nature of services- Whether bargain effected between parties that services should be considered as "assistance"

THE "EWELL."

(1933) 45 Ll L Rep 12

Negligent navigation-Damage to plaintiff's motor barge Royal Standard -Collision with Chelsea Embankment, River Thames-Royal Standard bound up-Allegation that defendants' steamship Ewell negligently passed her too close to her port side and threw her rapidly to starboard

WOODFIELD STEAM SHIPPING COMPANY, LTD. v. BUNGE Y BORN, LTDA., S.A.

(1933) 45 Ll L Rep 14

Charter-party - Discharging expenses - Optional cargo-Steamer "shall receive . . . a full and complete cargo of wheat and/or maize and/or rye . . . in bags and/or bulk, which cargo the said charterers bind themselves to ship . . . Charterers have the option of shipping other lawful merchandise . . . All extra expenses in . . . discharging such merchandise over heavy grain to be paid by charterers"-Optional cargo loaded by charterers, part costing more and part costing less than the same amount of heavy grain-Shipowners' contention that any amount saved in loading part of the optional cargo should be disregarded in computing the extra expense of discharging

BURNETT STEAMSHIP COMPANY, LTD. v. JOINT DANUBE AND BLACK SEA SHIPPING AGENCIES.

(1933) 45 Ll L Rep 16

Charter-party-Loading time - Demurrage -Rainy periods-"Should any time be lost whilst steamer is in a loading berth owing to work being impossible through rain . . . the amount of actual time so lost . . . to be added to the loading time . . ."-Rain which would have made it impossible to load cargo had cargo been alongside-No cargo ready for loading-Whether such rainy periods should be added to the loading time

EARLE & STODDART, INC., AND OTHERS v. ELLERMAN'S WILSON LINE, LTD. (THE "GALILEO.")

(1933) 45 Ll L Rep 19

Bill of lading-Fire Statute-Unseaworthiness -Loss of cargo-Claim by cargo-owners against shipowners-Breach of implied warranty of seaworthiness at commencement of voyage-Negligence of ship's engineer in loading new bunker coal on top of old bunker coal known to be heated-Right of shipowners to invoke Fire Statute - "Design or neglect of such owner" -Whether right waived by bill of lading provisions

LONDON & NORTHERN TRADING COMPANY, LTD. v. ARCOS, LTD.

(1933) 45 Ll L Rep 23

Contract-Breach-Claim under agreement in settlement of disputes arising out of contract for the year 1931 for the sale of sleepers by defendants to plaintiffs - Plaintiffs to receive from defendants an allowance of £85,000-"On account of the above-mentioned £85,000 [defendants] hand over to [plaintiffs] in London . . . acceptances . . . for the sum of £70,000 payable in London. . . These acceptances, if so required by [defendants], [plaintiffs are] bound to renew by further three months acceptances for future periods up to one year from the date of acceptance of the original bills The remaining £15,000 are to be deducted at one shilling per sleeper at the payment of the last 300,000 . . ."- Plaintiffs to give defendants deposit acceptances for £75,000 as security for payment for the goods-Acceptances to be exchanged simultaneously - "Any dispute arising out of fulfilment of the contract for the year 1931 does not give the right to either side to discontinue the execution of the contract" -Failure of defendants to hand over acceptances on due date-Consequent refusal by plaintiffs to declare destinations and to take up and pay for shipping documents and goods tendered- Counterclaim by defendants for damages -Delivery of acceptances by defendants as condition precedent-Election by plaintiffs to treat contract as subsisting-Waiver

RONAASEN & SON v. ARCOS, LTD.

(1933) 45 Ll L Rep 33

Sale of goods (timber staves)-Rejection- Arbitration-Award-Whether timber within contract specifications-Two contracts for sale of staves of 12 in. thickness-Tender under first contract: 85.3 per cent. in some small degree over 12 in.; 10.4 per cent. at least 58 in.- Tender under second contract: 75.3 per cent. in some small degree over 12 in.; 18.3 per cent. at least 58 in.- Finding of umpire that tender was commercially within and merchantable under the contract specifications; and that buyers were not entitled to reject -Variation in thickness-Sale of Goods Act, 1893, Sects. 13, 14, 30 (3)

STEVENS & SONS v. TIMBER & GENERAL MUTUAL ACCIDENT INSURANCE ASSOCIATION, LTD.

(1933) 45 Ll L Rep 43

Practice-Stay of action-Workmen's compensation insurance - Accident to workman entitling appellants to indemnity under policy issued by respondents - Alleged mis-statement in proposal form-"In consequence we hereby declare the insurance void from inception"-Issue of writ-Summons for stay-Arbitration clause-"Award shall be a condition precedent to the commencement of any action or suit upon this policy"-Whether denial of liability by respondents amounted to repudiation of the whole policy

THE "MABEL VERA" AND THE "HUMOROUS."

(1933) 45 Ll L Rep 51

Ship - Mortgage - Steam drifters and appurtenances-Fishing nets-Marking with ship's number-Effect

ALLEN v. UNIVERSAL AUTOMOBILE INSURANCE COMPANY, LTD.

(1933) 45 Ll L Rep 55

Insurance (motor) - Loss - Claim - Misstatements in proposal form-"Actual price paid by owner"-"Present value" -Insertion of full list price of car- Evidence that car had previously been through plaintiff's hands, had been reconditioned by him after a fire and sold to K-Resale by K to plaintiff&-Claim by plaintiff to rebate-Agreement by K to effect insurance with defendants on plaintiff's behalf

HASELDINE v. HOSKEN.

(1933) 45 Ll L Rep 59

Insurance-Solicitors Indemnity policy- Claim-Security for costs provided by plaintiff solicitor acting for A in action against B-Subsequent agreement between plaintiff and A that plaintiff should be reimbursed by a proportion of amount recovered from B-A's claim against B dismissed-Claim by B against plaintiff for damages for maintenance and/or champerty - Claim settled on payment of £950-Whether plaintiff entitled to recover under policy subscribed by defendant insuring plaintiff against loss arising from any claim which might be made against him "by reason of any neglect, omission or error" on his part in his professional capacity as solicitor - Illegality - Solicitors Act, 1870, Sects. 4, 11

BARNI v. LONDON GENERAL INSURANCE COMPANY, LTD.

(1933) 45 Ll L Rep 68

Practice-Motor insurance-Stay of action -Claim by plaintiff to be indemnified under policy-Alleged misrepresentation and non-disclosure of material facts in proposal form-"In the event of any difference arising out of this policy, such difference shall at the option of the company, if exercised within one calendar month from the difference arising, be referred to" arbitration . . . "If the company elects to go to arbitration [the obtaining of an award shall] be a condition precedent to the commencement of legal proceedings in respect of any claim under this policy"

HURWITZ v. BERMAN.

(1933) 45 Ll L Rep 69

Sale of goods-Principal and agent-Claim by H for price of jewellery delivered on approval to B-Approval notes made out to B personally: "These goods are delivered on the express condition that they remain the property of [H] until paid for or invoiced, you in the meantime being responsible for loss of damage"-Jewellery stolen from B- Liability of B-Allegation by B that he was not liable as the jewellery was handed to him in his capacity as managing director of B Co., who were principals

THE "AUSONIA."

(1933) 45 Ll L Rep 71

Negligent navigation-Sinking of plaintiffs' barge Spring in Sea Reach, River Thames, alleged to have been caused by wash of defendants' steamship Ausonia -Alleged excessive speed-Onus of proof

BULGARIS AND OTHERS v. BUNGE & CO., LTD.

(1933) 45 Ll L Rep 74

Ship-Abandonment as derelict in Bay of Biscay-Subsequent salvage by another vessel-Salvage award of £10,000- Liability of cargo for general average contribution admitted-Allegation by cargo-owners that vessel was prematurely abandoned by the master and crew; that that abandonment enhanced the salvage award; and that the cargo-owners were therefore entitled to damages-"The shipowner shall not be responsible for loss or damage arising or resulting from: act, neglect, or default of the master . . . in the navigation or in the management of the ship"

CASTELLO v. KAMSTRA (LONDON), LTD.

(1933) 45 Ll L Rep 82

Sale of goods (c.i.f.)-Rejection by buyers -Purchase of cases of onions "c.i.f. Valencia to London per s.s. Pacheco" -Tender of bill of lading by steamship Sevilla-Right of buyers to reject -Whether buyers agreed to shipment by substituted vessel-Further allegation that original contract to ship per s.s. Pacheco" was waived by conduct of buyers in retaining bill of lading without protest - Counterclaim by buyers for damages for failure to tender onions in accordance with contract

ROSEN v. "QUERCUS" (OWNERS).

(1933) 45 Ll L Rep 85

Workmen's compensation - Unexplained accident-Accident to seaman arising in the course of his employment- Seaman, off duty, sleeping on deck- Found drowned next morning - Whether accident arose out of his employment - Discretion of learned County Court Judge-Finding that as the seaman was off duty at the time of the accident, and there being no positive evidence that the accident occurred in the discharge of some duty owed to his employers, the inference must be drawn that the accident could not have arisen out of the seaman's employment

CAMMELL LAIRD & CO., LTD. v. MANGANESE BRONZE & BRASS COMPANY, LTD.

(1933) 45 Ll L Rep 89

Contract-Breach-Supply by defendants of propeller for use in ship built by plaintiffs under the superintendence and to the reasonable satisfaction of the owners' representative and to be classed 100 A1 at Lloyd's-Propeller contract: "Engines No. 972. Propeller of special Parsons manganese bronze. One four-bladed, right-hand solid propeller, to be 16 ft. diameter with a pitch of 11 ft., and to have a total developed area of 80 sq. ft. in four blades. Maximum b.h.p. 2150 at 105 revolutions per minute. Propeller to be supplied finished machined complete and polished all over in highest class style, with boss bored; faced; and key-way cut to our template, edges brought up to fine lines, true to pitch; ready for fitting to shaft on delivery. Please notify us in good time when ready for templates. Copy of pitch readings to be sent to us for our information. Sweeps, boards, &c., to be supplied by you. For further particulars see print No. 206699, a copy of which you have. To be guaranteed against defective material and workmanship for a period of six calendar months after handing over of vessel to owners. To be to the entire satisfaction of the owners' representative and ourselves"-Propeller too noisy at low speeds for use in particular ship fitted with Diesel engines-Refusal by Lloyd's Register to give unqualified class-Rejection of propeller by plaintiffs-Acceptance of second of two further propellers subsequently supplied by defendants- Dispute as to cause of noise-Claim by plaintiffs for extra expenses incurred- Counterclaim by defendants for price of extra propellers-Sale of Goods Act, 1893, Sect. 14 (1), (2)

HOSDELL AND OTHERS v. FRED. OLSEN LINE AND ANOTHER.

(1933) 45 Ll L Rep 117

Bill of lading-Damage to cargo (barley in bags)-Barley discharged affected with copper sulphate-Alleged contamination while on board defendants' steamship-Onus of proof-Allegation that barley was shipped clean - Evidence that vessel had carried a copper sulphate cargo on her previous voyage (but in a different part of the ship)

THE "EDISON."

(1933) 45 Ll L Rep 123

Collision-Loss of plaintiffs' dredger in Patras Harbour-Liability admitted by defendants - Damages - Reference - Motion by defendants in objection to Registrar's report - Interruption of plaintiffs' contract with Patras Harbour Commissioners - Delay in replacement of dredger owing to lack of financial resources - No immediately available market- Substitute dredger hired from Italy -Subsequent purchase - Effect upon measure of damages - Restitutio in integrum-Remoteness

BREMER OELTRANSPORT, G.m.b.H. v. DREWRY.

(1933) 45 Ll L Rep 133

Arbitration-Practice-Action to enforce award-Defendant resident abroad- Service of notice of writ out of the jurisdiction - Application by defendant to set aside-Dispute under charter-party entered into in London between plaintiffs and defendant- Clause providing for arbitration in Hamburg-Award-Plaintiffs' contentions (1) that the action was founded on the agreement to submit differences under the charter-party of which the award was the result and was therefore an action brought to enforce a contract made within the jurisdiction; (2) that the non-payment in England of the sum awarded amounted to a breach committed within the jurisdiction- Defendant's reply (1) that the action was brought on the award itself, which was made in Hamburg, and that consequently the action was not one to enforce a contract made within the jurisdiction; (2) that there was no provision for payment in England- Nature of action based on award- R.S.C., Order 11, r. 1 (e)

THE "NAPIER STAR."

(1933) 45 Ll L Rep 139

Collision-Damages - Reference - Further motion in objection to items in Registrar's report-Damage to plaintiffs' vessel-Admission of liability by defendants -Sums awarded in respect of temporary repairs effected and in respect of the estimated permanent repairs and demurrage - Interest - Alleged mistake of Registrar in awarding interest (from date temporary repairs were effected) upon estimated permanent repairs and demurrage in respect of which at the date of the report no expenditure had been incurred -Slip-R.S.C., Order 28, r. 11 -Motion by special leave

SUTHERLAND v. ADMINISTRATOR OF GERMAN PROPERTY.

(1933) 45 Ll L Rep 143

Insurance (marine) - Subrogation - Payment of claim by insurers (German nationals in United States of America) in respect of loss of cargo on board British steamship-Sum recovered in action brought by assured (for benefit of insurers) against shipowners -Treaty of Peace Order, 1919, Art. I (xvi)-Similar legislation in United States-Vesting of insurers' property-Claim by Alien Property Custodian for the United States against the Administrator of German Property in England to recover insurers' portion of sum recovered-Bills of lading and subrogation letters in custody of Alien Property Custodian- Effect of subrogation-Whether the interest of insurers in the right of action against the shipowners was at the date of the seizure by the Alien Property Custodian within the U.S.A.

IN RE NATIONAL BENEFIT ASSURANCE COMPANY, LTD. (APPLICATION OF H. L. STHYR).

(1933) 45 Ll L Rep 147

Insurance (marine)-Loss of goods consigned from U.K. to shipper's agent at Rostoff-on-Don via Novorossisk-Claim by shipper against insurance company -Admitted arrival at Novorossisk at time Czarist and Bolshevist forces were in conflict in surrounding district- Whether goods reached Rostoff-Possibility of arrival of goods at Rostoff after shipper's agent left on approach of Bolshevist forces-Proof-Right to sue-Suggestion that shipper had sold goods outright to V-"Warranted free of any claim based upon loss of or frustration of the insured voyage or adventure caused by arrests restraints or detainments of Kings Princes or Peoples . . . This insurance also covers the risks excluded by the following clause in marine policies on English conditions: 'Warranted free of capture, seizure, arrest, restraint, or detainment, and the consequences thereof or of any attempt thereat (piracy excepted), and also from all consequences of hostilities or warlike operations whether before or after declaration of war' . . . Excluding all claims arising from delay"

TULLOCH (OR BOYLE) v. NORTH OF SCOTLAND AND ORKNEY AND SHETLAND STEAM NAVIGATION COMPANY

(1933) 45 Ll L Rep 152

Workmen's compensation - Accident arising in course of employment- Whether arising "out of" employment -Claim by widow of workman engaged in unloading bunker coal from railway wagons-Wagons alongside ship-Work stopped for lunch-Proposal to lunch on board ship-Railway lines crossed by workman in spite of warning given of shunting-"Added danger"

BRITISH TRAWLERS FEDERATION, LTD., AND OTHERS v. LONDON & NORTH EASTERN RAILWAY COMPANY.

(1933) 45 Ll L Rep 157

Railways-Powers-Access to fish markets (Lowestoft)-Right of defendant railway company (statutory owners of markets) to impose upon plaintiffs (representing the trawl fishing industry in Lowestoft) conditions governing the use of motor vehicles for transport of fish from markets-Declarations claimed by plaintiffs that they were entitled to remove their fish landed or purchased at the market by the usual commercial means, including motors or other vehicles, and that the defendants were not entitled to impose any condition upon the use of such vehicles as to the place to which the fish were to be taken and at which they were to be consumed-Lowestoft Navigation Acts -Harbours, Docks and Piers Clauses Act, 1847, Sect. 33: "Upon payment of the rates . . . the harbour, dock, and pier shall be open to all persons for the shipping and unshipping of goods and the embarking and landing of passengers"-Meaning of "unshipping" - Implied public right to take goods off the dock premises by usual commercial methods

THE "ST. JOSEPH."

(1933) 45 Ll L Rep 180

Bill of lading-Conflict of laws-Belgian Code de Commerce incorporating Hague Rules-Goods purchased by plaintiffs (Guatemalan Government) from French company in Paris-Sellers to deliver at Guatemala City-Transport and insurance undertaken by sellers- Charter by sellers' agents in Antwerp of vessel belonging to defendants (Norwegian shipowners) - Bill of lading (marked "non negotiable") issued in Antwerp-Cargo to be delivered "unto Gouvernement de Guatemala" - Value of cargo not specified-Delivery obtained by plaintiffs' agents by presentation of bill of lading on arrival of vessel at Puerto Barrios-Cargo delivered damaged -Claim by plaintiffs-Claim by defendants to invoke limitation clause in Hague Rules-No reference to Belgian law in bill of lading-Whether implied

THE "MARTE."

(1933) 45 Ll L Rep 187

Practice-Collision-Damages - Reference -Proof of claim by Russian Government -Order of Court to file vouchers in support of each item

CHELLEW NAVIGATION COMPANY, LTD. v. A. R. APPELQUIST KOLIMPORT, A.G.

(1933) 45 Ll L Rep 190

Charter-party-Hire-Baltic round voyage -Seaworthiness-Vessel not supplied with Swedish measurement certificate- Re-delivery damaged-Whether "fair wear and tear"-To be "in every way fitted for ordinary cargo service . . . Charterers shall provide and pay for all . . . canal, dock and other dues and charges . . . and all other charges and expenses . . . Charterers shall pay [rate of hire] per calendar month . . . and pro rata for any fractional part of a month (the days to be taken as fractions of a month of 30 days) until her re-delivery . . . Steamer . . . shall be re-delivered in same good order as when delivered to the charterers (fair wear and tear excepted) . . ."-Vessel on hire for 29 days of 31-day month-Computation of refund of hire paid in advance- Damage incurred in loading and unloading non-excepted cargo without negligence-"Fair wear and tear"

LYKIARDOPULO v. BUNGE Y BORN, LTDA.

(1933) 45 Ll L Rep 195

Charter-party - Discharging expenses - "To load a full and complete cargo of wheat and/or maize and/or rye . . . Charterers have the option of shipping other lawful merchandise . . . All extra expenses in discharging such merchandise over heavy grain to be paid by charterers"-Discharge of "other lawful merchandise" at St. Nazaire- Cost of discharging rye more than that of discharging wheat or maize-St. Nazaire not a discharging port in the commercial sense for rye

BARRAS v. ABERDEEN STEAM TRAWLING & FISHING COMPANY, LTD.

(1933) 45 Ll L Rep 199

Seamen-"Wreck or loss"-Pursuer engaged as engineer of trawler-Six-monthly agreement usual in trawling industry, covering succession of fishing trips-Trawler damaged by collision, repairs occupying 14 days -Pursuer paid off during repairs and re-engaged on completion-Right of pursuer to wages during the repair period-Interpretation of statutes- Merchant Shipping Act, 1894, Sect. 158 -Merchant Shipping (International Labour Conventions) Act, 1925, Sect. 1 (1)

TAYLOR v. WARDEN INSURANCE COMPANY, LTD.

(1933) 45 Ll L Rep 218

Practice-Stay of action-Insurance of horse-Clause providing for arbitration in case of difference arising under policy-Award a condition precedent to any right of action-Horse killed- Claim - Alleged compromise - Action brought under agreement to compromise -Application by defendants to stay action

CENTRAL SOFTWOOD BUYING CORPORATION, LTD. v. WHITE SEA TIMBER TRUST, LTD.

(1933) 45 Ll L Rep 220

Sale of goods - Price - Sale of 500,000/600,000 standards of timber- "Buyers to pay for the freight . . . and for the balance on receipt of and in exchange for shipping documents . . . in cash less 212 per cent. discount . . ." - Subsequent agreement "to reduce the prices [under head agreement] by 20s. per standard overhead. All goods invoiced on or after Aug. 1, 1931, to be charged at the reduced prices and a further reduction of 5s. per standard to be made until a sum equivalent to 20s. per standard on all goods invoiced and paid for up to and including July 31, 1931, has been liquidated. In the event of this deduction not being sufficient, sellers undertake to settle the balance due to buyers in this connection in cash not later than Dec. 31, 1931"-Construction -Meaning and effect of price reduction

VANCOUVER STEAMSHIP COMPANY v. HERDMAN & SONS.

(1933) 45 Ll L Rep 223

Bill of lading-Canadian Water-Carriage of Goods Act, 1910-Damage to cargo -Alleged bad stowage-Exception of sweating-Onus of proof under Act

THE "MAINDY MANOR" AND THE "EASTGATE."

(1933) 45 Ll L Rep 231

Negligent navigation - Obstruction of channel (River Parana) by first defendant's steamship Maindy Manor and by second defendants' steamship Eastgate-Plaintiffs' vessel delayed- Claim for damages-Grounding of Maindy Manor-Proof of negligence- -Subsequent grounding by Eastgate, bound up, in attempting to pass Maindy Manor-Proof of negligence

MITCHELL CONVEYOR & TRANSPORTER COMPANY, LTD. v. PULBROOK.

(1933) 45 Ll L Rep 239

Insurance-Construction of building by plaintiff contractors for B. Corporation -Policy taken out by plaintiffs with defendant underwriter covering "any loss for the cost of replacing any defective and/or faulty material or workmanship and/or design or imperfections in the original or substituted construction of the plant insured . . . together with contingent charges"- Laying of floors by sub-contractors- Term of main contract that "no . . . sub-contractor shall be employed upon the works . . . who will not enter as a condition of obtaining the order into a contract with the contractor . . . indemnifying the contractor against any claims . . . that may be made against the contractor in consequence of any act, omission or default of the sub-contractor . . ."-Work defective -Claim by B. Corporation against plaintiffs settled-Action brought by plaintiffs on policy-Whether loss due to inherent vice of granolithic mixture use-Variation of proportions of granite chippings and cement - Whether risk increased-Sub-contract without indemnity clause-Effect upon defendant's subrogation rights

COOPER STEWART ENGINEERING COMPANY, LTD. v. CANADIAN PACIFIC RAILWAY COMPANY.

(1933) 45 Ll L Rep 246

Bill of lading-Damage to cargo-Bad stowage or perils of the sea-Unseaworthiness -Machinery damaged by contact with acid escaping from barrels broken adrift in transit- Prima facie breach of contract of carriage-Onus of proof-Harter Act

SAYER v. WALLIS, LTD.

(1933) 45 Ll L Rep 250

Negligence-Personal injuries sustained by plaintiff-Plaintiff working on ladder at Surrey Commercial Docks- Allegation that ladder was struck by truck in charge of defendants' workmen -Whether there should have been displayed some adequate visual warning - Suggestion that ladder fell through vibration from another source

LOFTUS v. PORT OF MANCHESTER INSURANCE COMPANY, LTD.

(1933) 45 Ll L Rep 252

Garnishee-Motor insurance-Accident to plaintiff-Plaintiff awarded damages against A (insured with defendants) -Claim by plaintiff to garnishee debt alleged to be due under policy from defendants to A - Disputes under policy to be referred to arbitration -Award a condition precedent to liability-Liability under policy disclaimed by defendants on ground of non-disclosure by A-Condition of policy requiring assured to claim under policy within 12 months of disclaimer -Failure by A to do so within that time-Whether any debt due from defendants to A when order nisi was served

MACLEA v. ESSEX LINE, LTD.

(1933) 45 Ll L Rep 254

Seaman-Wages in lieu of leave-Claim by second mate against shipowners- Three years' continuous service covering nine voyages and incidental employment between each voyage-No leave during that period-Articles for each voyage-Settlement of wages- Release "of all claims in respect of the past voyage or engagement"-Effect upon payment in lieu of leave - Whether the National Maritime Board rules were implied in the engagement- Rules revised up to May 1, 1930- Rule 2: "The following agreement applies to navigating officers who qualify as stated hereunder for leave on and after July 1, 1929"-Merchant Shipping Act, 1894, Sects. 114, 136- Merchant Shipping Act, 1906, Sect. 60

THE "LAMPAS."

(1933) 45 Ll L Rep 259

Salvage-Services rendered by tugs Minegarth, Poolgarth and Yewgarth to steamship Lampas in River Mersey- Tugs engaged to take steamer to berth -Allegation that steamer grounded in dangerous position and that tugs rendered services outside their towage contract

THE "BRITISH INVENTOR."

(1933) 45 Ll L Rep 263

Salvage - Services rendered by tug Atlantic Cock and pilot to steamship British Inventor in Long Reach, River Thames - British Inventor anchored to south of midriver -Ebb tide-Steamer commencing to swing-Captain of British Inventor informed by pilot on board tug that his steamer was aground-Tug's services accepted-Towage clear in 20 minutes-Claim for salvage

THE "ROUMELIAN."

(1933) 45 Ll L Rep 267

Salvage-Services rendered by pilot and by tugs Hector and Neptune to steamship Roumelian damaged by collision off the Needles-Roumelian boarded by pilot and beached by him in Thorness Bay- Pumping operations carried out by tugs for two days-Water kept down in engine-room and in cargo-Useful services - Salved values, £36,000 - Awards: Pilot, £150; tugs, £250 each.

THE "SCHELDESTAD."

(1933) 45 Ll L Rep 269

Salvage-Services rendered by tags Max Berendt and Seefalke to steamer Scheldestad in Bay of Biscay-Vessel abandoned by master and crew in sinking condition-Taken in tow to Corunna, pumped out and left in navigable condition-Very bad weather -Risks to salvors-Danger to navigation -Disputed values-Salvors' vessels kept specially to render such services rapidly and effectively

DUNN v. OCEAN ACCIDENT & GUARANTEE CORPORATION, LTD.

(1933) 45 Ll L Rep 276

Motor insurance - Non-disclosure - Claim by plaintiff assured in respect of death of her husband by accident while driving plaintiff's car-Car given to plaintiff by husband-Insurance effected on plaintiff's behalf by husband as agent of defendant company-Proposal form signed by plaintiff in her maiden name -Evidence that had defendants known that plaintiff was a married woman they would have taken steps to ascertain who her husband was; and that her husband was in fact a bad risk- "Have you or your Driver during the past five years been convicted of any offence in connection with the driving of a motor vehicle?-No"-Whether question referred only to person in plaintiff's employ-Car driven by husband for business purposes both before and after insurance effected

JACOBSON v. YORKSHIRE INSURANCE COMPANY, LTD.

(1933) 45 Ll L Rep 281

Burglary insurance-Loss-Claim-Breach of condition of policy-"The insured shall keep proper books of account with a complete record of all purchases or sales, and all such books shall be regularly entered up as soon as such purchases or sales shall have taken place"-Complete record of sales not kept-Ambiguity

MAGRATH (OR TREASURER) v. SOUTH GEORGIA COMPANY.

(1933) 45 Ll L Rep 283

Workmen's compensation-Pilot drowned in River Tay-Claim by dependant against owners of steamer B-Accident arising out of and in the course of the deceased's employment-Pilot engaged by B, outward bound-Transit to and from B by pilot cutter's boat-Rough weather-Boat capsized before reaching cutter-No obligation to return to cutter-Evidence that pilots frequently stayed on board piloted steamer until arrival at Leith-Compensation extended to pilots "as if the pilot when employed on any such ship as aforesaid were a seaman and a member of the crew"-Workmen's Compensation Act, 1925, Sect. 35 (3)

ANGLO-INTERNATIONAL BANK, LTD. v. GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION, LTD.

(1933) 45 Ll L Rep 287

Contract - Indemnity - Agreement by plaintiffs to finance M Corporation (now in liquidation) in respect of hire purchase schemes-Policy issued by defendant insurance company insuring M Corporation against any loss in excess of £250 "arising within any single period covered by the said policy, which may be sustained through the non-payment of the instalments due by the hirers"-Letters of indemnity from defendants (reciting that defendants and the M Corporation had agreed that the benefit of the policy was to pass to plaintiffs) providing that "notwithstanding any of the clauses and conditions recited in such policy in the event of any instalments in excess of a total sum of £250 to the [M Corporation] and only when the losses so incurred have exceeded during any single period covered by the said policy the said sum of £250 under agreements not being met by the hirers and paid to you within 30 days of the due date, we will, within seven days of demand by you, pay you the amount so dishonoured without bringing into operation any of the clauses and conditions" of the policy-Construction- Ambiguity-Right of plaintiffs to recover from defendants moneys received from hirers by the M Corporation and not paid over by them to plaintiffs

ARCOS, LTD. v. LONDON & NORTHERN TRADING COMPANY, LTD.

(1933) 45 Ll L Rep 297

Arbitration-Award-Error in law on face -Sale of timber-"The goods to be shipped about fairly spread during navigation season 1931 from White Sea ports and Leningrad at sellers' option and at their convenience, but shipments must be made in such a way that not more than one steamer shall arrive at each of the ports of destination at a time . . . To facilitate chartering, buyers are to declare ports of destination and quantities to each port for at least 10,000 Russian cubic fathoms not later than by Feb. 15, 1931, and for the balance not later than by May 15, 1931 . . ."-Refusal by buyers to accept shipments per steamships J and T C on ground of alleged unfair spreading-Finding of umpire that there was no unfair spreading by the sellers and that the buyers broke their contract in failing to declare ports of destination in respect of cargoes shipped by the J and T C

THE "BENEFICENT."

(1933) 45 Ll L Rep 302

Collision between steamships Ask and Beneficent in Lower Hope Reach, River Thames - Ask bound up; Beneficent bound down - Disputed whistle signals and helm action

THE "SWEEP II."

(1933) 45 Ll L Rep 305

Collision between steamship Crossbill and motor sludge vessel Sweep II in Cliff Reach, River Orwell - Crossbill bound up; Sweep II bound down-Disputed place of collision-Whether Crossbill proceeding up on wrong side of channel - Allegation that Sweep II was forced into collision with the starboard bank, causing her to sheer into the Crossbill

GERDER & CO. v. EVANS.

(1933) 45 Ll L Rep 308

Jewellery insurance - Loss - Claim - Jewellery entrusted by plaintiffs to broker to sell-Broker attacked and robbed in street-Defence that broker and his assailants had staged the attack to conceal the pre-arranged larceny of the jewellery by the broker -No suggestion whatever against plaintiffs

ASLAN v. IMPERIAL AIRWAYS, LTD.

(1933) 45 Ll L Rep 316

Carriage by air-Non-delivery of bullion by defendant air carriers-Consignment from Baghdad to London- Assumed facts: (a) that the aeroplane had not a compartment for the carriage of bullion which was reasonably fit to resist thieves; (b) that the bullion was lost because of that; and (c) that the goods were lost by reason of the negligence of the defendants- Transport conditions: (2) The defendants "reserve the right to refuse to accept any goods for carriage." (9) The defendants "accept freight for carriage only at the risk of the senders . . . No responsibility is accepted for loss, damage or delay caused directly or indirectly during the conveyance by aeroplane"-Additional provision that defendants "are not common carriers and do not accept the obligations or liability of common carriers" -Liability of defendants-Extent of implied warranty of airworthiness

JEWSON & SONS, LTD. v. ARCOS, LTD.

(1933) 45 Ll L Rep 326

Sale of goods-Fraudulent misrepresentation -Purchase of timber by plaintiffs from defendants-Reliance by plaintiffs on promise by defendants that they would not sell to other buyers on more favourable terms than those to be set out in price list to be issued-Plaintiffs bound not to sell under a fixed minimum price until January, 1931- Discovery by plaintiffs after January, 1931, that defendants had already contracted with H. & Co. to supply them with timber at a lower price than that provided for in plaintiffs' agreement - Caveat emptor - Defendants' duty to disclose-Measure of damages

Lloyd's Law Reports