DENT AND OTHERS v. GLEN LINE, LTD. DENT AND ANOTHER v. SAME (CONSOLIDATED).

(1940) 67 Ll.L.Rep. 72

KING'S BENCH DIVISION.

Before Mr. Justice Atkinson.

Bill of lading-"Apparent good order and condition" - Purchase by plaintiffs from Chinese shippers of "New crop groundnuts in shells. Hand picked selected. Packing: In bags"-Groundnuts delivered to ship in green and moist condition-Packed in dry bags- Knowledge of ship's agents of condition -Mate's receipts claused in accordance with condition-Bills of lading signed by ship's agents "in apparent good order and condition" under shippers' indemnity-Documents taken up and paid for by plaintiffs -Delivery of nuts in mouldy and deteriorated condition-Damages paid by plaintiffs to sub-buyers- Claim against shipowners-Estoppel -Allegation of fraud against ship's agents - Reasonable inspection by ship-Whether satisfied by knowledge that bags were dry-Further plea by shipowners that the words "apparent good order and condition" referred only to the question of external injury to the nuts and not to their suitability for shipment, and that the damage arose from inherent vice-Right of plaintiffs to reject nuts by reason of Clause 7 in the contract providing that "Should the goods on arrival not prove equal to above warranties . . . the goods . . . are to be taken with an allowance . . ."-Carriage of Goods by Sea Act, 1924, Schedule, Art. III (3) (c).