D. F. PENNEFATHER & CO. v. WM. J. SMITH & SONS.

(1940) 67 Ll.L.Rep. 536

COUNTY PALATINE OF LANCASTER.CHANCERY COURT.

Before Sir John Bennett (Vice-Chancellor).

Warehousemen-Charges-Custom of port of Liverpool-Bales of cotton stored in defendants' warehouse at Liverpool under orders of Port Emergency Committee (acting under statutory powers) -Cotton consigned to plaintiffs-Charge made by defendants against plaintiffs for handling, sampling, &c.-Claim by plaintiffs for declaration that they were entitled, by reason of a custom or usage of the port, at all reasonable times by their own servants, agents and workmen to have access to the cotton in the warehouses of the defendants and to break the same down, disband it, check the marks thereon, take samples thereof and replace the same without any interference on the part of the defendants, their servants, agents or workmen, other than the general supervision of the defendants' licensed warehouse-keeper; and that the defendants were not entitled to make any charge against the plaintiffs in respect of the doing by the plaintiffs, their servants, agents or workmen of any of the above acts - Evidence of custom or usage-Control of Traffic at Ports Order, 1939.