LINDERN TRAWLER MANAGERS, LTD. v. W. H. J. TRAWLERS (A FIRM).

(1949) 83 Ll.L.Rep. 131

KING'S BENCH DIVISION.

Before Mr. Justice Devlin.

Ship - Agency - Contract - Novation - Agreement entered into between plaintiffs and W., member of a partnership owning a trawler, that plaintiffs would undertake the management and agency of the ship-Expenses incurred by plaintiffs-Claim against partnership-Defence: that partnership was formed for limited purpose of promoting company which would take over trawler, and that W., at the time of the alleged agreement, which was entered into after the formation of the company, was without authority to bind the partnership; further, if any agreement binding on the partnership was entered into, that plaintiffs had subsequently agreed to look to the company for payment-Partnership registered under Registration of Business Names Act, 1916-Business stated to be "trawling"-Inference to be drawn from correspondence between parties.