TATE & LYLE, LTD. v. HAIN STEAMSHIP COMPANY, LTD.

(1934) 49 Ll L Rep 123

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Greer and Lord Justice Slesser.

Bill of lading-Deviation-General average -Claim by plaintiff indorsees to recover deposit made in accordance with Lloyd's average bond-Sale of sugar to plaintiffs - Charter by sellers of defendants' vessel "Tregenna" - Vessel to "proceed to Cuba and there load . . . at one or two safe ports on the south side and at one safe port on the south side of San Domingo as ordered and/or at customary outside anchorage at charterers' option . . ."-Incorporation in bill of lading of charter-party terms and conditions-Vessel instructed by ship's agents in accordance with sellers' request to proceed to Casilda as vessel's first loading port-Following sellers' further request, night letter telegram sent by ship's agents ordering captain to proceed to Santiago and to San Pedro (San Domingo)-No telegraph beyond Trinidad (Cuba) - Ship's agents informed by cable company that message would be mailed from Trinidad to Casilda - Message not delivered - Vessel proceeds to Santiago from Casilda in accordance with sellers' agents' instructions-Failure to call at San Pedro - Vessel recalled to San Pedro upon discovery of mistake - Grounding of vessel on leaving San Pedro, general average expenses being incurred by shipowners-Cargo transhipped by shipowners and carried to its contract destination by another vessel-Claim by plaintiffs that they were not liable to contribute in general average as the vessel had deviated - Orders to proceed to San Pedro within knowledge of ship's agents - Liability of plaintiffs under Lloyd's average bond-Shipowners' lien upon cargo-Counterclaim by shipowners for freight in respect of Casilda and Santiago cargoes transhipped-Effect of deviation.