Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

"ESTLAND" (OWNERS) v. W. N. HILLAS & CO., LTD.

(1936) 54 Ll.L.Rep. 98

HULL COUNTY COURT.

Before His Honour Judge Sir Reginald Mitchell Banks, K.C.

Bill of lading-Short delivery-Overdelivery -Claim for balance of freight by plaintiff shipowners against defendants, indorsees of 13 bills of lading covering timber (redwood and whitewood of various sizes)-Claim for balance of freight admitted by defendants -Counterclaim for short delivery -Evidence that there was short delivery under certain of the bills of lading and over-delivery under others -Short delivery balanced by over-delivery -Right of consignees to claim in respect of short delivery - "Quality, condition, and measure unknown"-Whether consignees entitled to retain over-deliveries merely upon payment of freight thereon.

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