REARDON SMITH LINE, LTD. v. CAYZER, IRVINE & CO., LTD., AND CLAN LINE, LTD.

(1929) 35 Ll L Rep 277

KING'S BENCH DIVISION.

Before Mr. Justice Wright.

Charter-party-Freight-Claim by shipowners against C.I. & Co. - Alleged failure to account for portion of freight - Charterers joined as defendants - Alternative liability - Sum paid into Court by charterers and taken out by shipowners in satisfaction -Whether C.I. & Co. ship's agents or charterers' agents-Course of business between C.I. & Co. and charterers - Held that C.I. & Co. were agents for the charterers and that they were under no duty to account to shipowners; that the action was wrongly brought against C.I. & Co; further, that the sum taken out by Shipowners in satisfaction had the same effect as if recovered in satisfaction of a judgment against the charterers and therefore that the shipowners could not now claim against C.I. & Co., who were accordingly entitled to judgment, with costs.