THE "TORNI."

(1931) 41 Ll L Rep 174

ADMIRALTY DIVISION.

Before Mr. Justice Langton.

Bill of lading - Conflict of laws - Damage to and short delivery of cargo (oranges) - Unseaworthiness - Bills of lading issued and signed by residents in Palestine, cargo being shipped by regular service from Palestine to England - Claims by plaintiff cargo-owners against shipowners: (1) as indorsees suing under Bills of Lading Act, 1855; (2) upon implied contract arising from presentation of, taking of delivery and payment of freight under, bills of lading - "This bill of lading wherever signed, is to be construed in accordance with English law" - Whether contract governed by English law or by implied clause paramount (Government of Palestine Carriage of Goods by Sea Ordinance, No. 43 of 1926) providing that "every bill of lading . . . issued in Palestine which contains or is evidence of any contract to which the rules [in effect the Hague Rules] apply shall contain an express statement that it is to have effect subject to the provisions of the said rules as applied by this Ordinance, and shall be deemed to have effect subject thereto, notwithstanding the omission of such express statement" - Intention of parties - Illegality-