LIVANOS BROS. v. R. & W. PAUL, LTD. (THE "THEOFANO"); SAME v. SAME (THE "NESTOS").

(1934) 50 Ll L Rep 215

IPSWICH COUNTY COURT.

Before his Honour Judge Hildesley, K.C.

(1) Bill of lading-Damage to cargo (maize) - Unseaworthiness - Claim by shipowners against defendant cargo-owners for balance of freight-Claim admitted-Counterclaim by defendants for damage to cargo by heating-Contention by shipowners that damage was due to inherent vice-Cargo purchased from shippers by defendants under London Corn Trade Association La Plata Grain Contract (Rye terms)- Payment by cash in London in exchange for shipping documents-Bills of lading indorsed to defendants- Right of defendants to sue-Whether maize passed unconditionally to defendants by appropriation under contract of sale-Defendants reimbursed their damages by shippers under rye terms clause-Right to recover damages from shipowners-Bills of Lading Act, 1855. (2) Bill of lading-Damage to cargo (maize)-Unseaworthiness-Claim by shipowners against defendant cargo-owners for balance of freight-Claim admitted-Counterclaim by defendants for damage to cargo by heating-Contention by shipowners that damage was due to inherent vice.