KOLBIN & SONS AND OTHERS v. KINNEAR & CO., LTD., AND OTHERS (THE "ALTAI"); SAME v. UNITED SHIPPING COMPANY, LTD. (THE "EDUARD WOERMANN").
(1930) 36 Ll L Rep 225
COURT OF SESSION.
Before the Lord Justice-Clerk (Lord Alness), Lord Ormidale and Lord Anderson.
(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-Price paid by War Office to A and retained by him-Bankruptcy of A-pursuers' title to sue-International law-Effect of Soviet decrees -Whether Soviet Government should have been joined as pursuers-Registration of partnerships-Whether pursuers deprived of status-Extraterritorial effect of decrees-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)-Defenders as negotiorum gestores-Goods sold by A and the price retained by him - Bankruptcy of A - Pursuers' title to sue - International law - Effect of Soviet decrees - Whether Soviet Government should have been joined as pursuers-Registration of partnerships -Whether pursuers deprived of status - Extraterritorial effect of decrees - Plea of mora - Interest.