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Lloyd's Maritime Law Newsletter

Kaukomarkkinat O/Y v. Elbe Transport Union G.m.b.H. (The Kelo) - Q.B.D. (Com.Ct.) (Staughton J.) - 4 October 1984

Cargo damage claim assigned by principal to agent - Whether agent entitled to sue in own right

A quantity of sunflower seeds in bulk was sold by T. to UDL G.m.b.H. c.i.f. Hamburg. The goods were loaded on the vessel Kelo at Duluth, and a bill of lading issued. E. were appointed charterers’ agents under the charterparty at the port of discharge. One of the original bills of lading was sent to E. at Hamburg but no property in the goods passed to E. Acting as agents for UDL, E. presented the bill of lading and took delivery of the goods.

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