J. S. HOLT & MOSELEY (LONDON), LTD. v. SIR CHARLES CUNNINGHAM & PARTNERS.

(1949) 83 Ll.L.Rep. 141

KING'S BENCH DIVISION.

Before Mr. Justice Pritchard.

Principal and agent - Agency contract - Construction - Freight and insurance charges incurred by plaintiffs (shipping agents) in respect of goods shipped to Indian principals-Defendants acting as buying agents for Indian principals -Goods shipped by plaintiffs in accordance with instructions given by defendants - Indian principals in liquidation-Liability for freight and shipping charges-Evidence that plaintiffs had originally dealt direct with Indian principals, and that they were reimbursed from credits established as a general rule in favour of suppliers- Subsequent agreement between A. (acting on behalf of Indian principals), plaintiffs and defendants, whereby defendants were appointed as buying agents authorized to operate credits established by principals and to issue shipping instructions to plaintiffs -Liability of defendants for charges incurred by plaintiffs-Whether defendants acted as principals in issuing shipping instructions to plaintiffs- Intention of parties-Presumption.