BEN LINE STEAMERS, LTD. v. JOSEPH HEUREUX (LONDON), LTD.

(1935) 51 Ll L Rep 20

KING'S BENCH DIVISION

Before Mr. Justice MacKinnon.

Indemnity-Bill of lading-Shipment of galvanised sheets-Mate's receipt describing condition as "several bundles dirty before shipment"-Refusal by ship to issue clean bills of lading without indemnity form shippers-Following indemnity agreement signed by shippers: "In consideration of your handing us clean bills of lading, by the above vessel, for . . . 225 bundles galvanised sheets . . . the mate's receipt for which bears the following clause, viz.:-'Several bundles dirty before shipment,' we hereby undertake and agree to pay on demand any claim that may arise, and to indemnify you against all consequences of your so doing"-Damage claim by consignees against ship settled-Claim by ship against shippers under indemnity agreement-Defence by shippers that their agreement to indemnify was based on their acceptance of the description "dirty" in the mate's receipt of the condition of the sheets on shipment; that "dirty" in the trade meant merely dirty from mud or dust; that the sheets in fact were "wet-stained" or "damaged by fresh water" and should have been so described; that the description "dirty" was wrong; and that accordingly the shippers were not further liable than if the sheets had arrived in what was technically described as a "dirty" condition - Responsibility of ship's representative in describing the condition of goods on shipment.