CANADA AND DOMINION SUGAR COMPANY, LTD. v. CANADIAN NATIONAL (WEST INDIES) STEAMSHIPS, LTD.

(1946) 80 Ll.L.Rep. 13

JUDICIAL COMMITTEEOF THE PRIVY COUNCIL.

Before Lord Thankerton, Lord Macmillan, Lord Wright, Lord Porter and Lord Uthwatt.

Bill of lading-Damage to cargo-Receipt in apparent good order and condition-Marginal indorsement-Estoppel-Shipment of sugar at Demerara in respondents' steamer Colborne for carriage to Montreal -Bill of lading issued by respondents stating that sugar had been received in apparent good order and condition- Indorsement stamped on face of bill of lading: "Signed under guarantee to produce ship's clean receipt"-Clause 27: "In cases where the clean bills of lading are signed, subject to mate-receipt, the consignee and/or consignor to be bound by any notations and/or exceptions on such mate's receipt, as though the notations and exceptions had been placed on the bill of lading itself, it being recognised that clean bills of lading have been surrendered before the exceptions (if any) were known, in order to facilitate the business of the shipper or other party directly interested in the goods"-Custom of port as to issue of bill of lading before loading completed-Ship's receipt issued with notation: "Many bags stained, torn and resewn"-Sugar delivered damaged- Claim by plaintiff indorsees-Whether respondents estopped to deny statement in bill of lading that cargo was received in apparent good order and condition- Carriage of Goods by Sea Ordinance of British Guiana, 1930, Schedule, Art. III (2), (4), (7)-No demand for bill of lading made by shipper-Applicability of statute.