WESTMINSTER BANK, LTD., AND ANOTHER v. WEST OF ENGLAND STEAMSHIP OWNERS' PROTECTION AND INDEMNITY ASSOCIATION LTD., AND ANOTHER.

(1933) 46 Ll L Rep 101

KING'S BENCH DIVISION.

Before Mr. Justice Roche.

Ship-Arrest-Collision between British steamship Lord Guilford and Belgian steamship Sambre in River Scheldt- L G entered in club managed by H & Sons (defendants)-Personal guarantee given to owners of S by defendants to prevent arrest of L G in Belgium- Subsequent insolvency of owners of L G -Arrest in Belgium of L G by owners of S at defendants' suggestion-Omission of defendants to inform owners of L G of intended arrest - Claim by mortgagees in tort and by owners in tort and in contract-Duty of defendants -Whether defendants undertook to plaintiffs to keep the L G free from arrest by the owners of the S