EVANS v. JAMES WEBSTER & BROTHER, LTD.

(1928) 32 Ll L Rep 218

KING'S BENCH DIVISION.

Before Mr. Justice Wright.

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.