Bill of Lading-Damage to Cargo-Unseaworthiness or Bad Stowage - Unsuitability of Ship chartered by regular Line-Whether Hold without temporary 'Tween Deck Platform fit for particular Cargo-Exceptions Clauses.
Procedure-Third-Party Proceedings or Independent Action-Appeal from Straits Settlements-Damage to Wharf-Indemnification of Company using Wharf when Damage was done-Liability of their Managing Director-Effect of his Private Business Relationships as Charterer.
Chartér-Party without Ice Clause - Demurrage and Detention - Ship icebound in Danube Port-Three Loading Ports - Ship frozen in on Day after Arrival at first Loading Port-Navigation declared closed on next Day - Whether "Arrived Ship"-Berth not offered-Whether Charterers obliged to provide Berth when Ship had not obtained Pratique.
Bill of Lading-Delay in Delivery of Goods (Zinc Ash)-Falling Market-Damages and Claim for Return of Money paid for re-conditioning Goods at Port of Shipment after being handled by Ship -Clear B/L-Estoppel.
Collision (Lighter and Steamer) in Dock- Sufficiency of Steamer's Moorings - Efficiency of Mooring Buoy Ring - No latent Defect in Ring-Steamer moored in unusual Position-Knowledge and Duties of Dock Company.
Collision in River Ouse-Both Ships moored at Jetty-Set of Tide affected by Ship aground in River-Collision following upon one Ship breaking adrift from Moorings-Subsequent Damage due to second Ship breaking adrift.
Charter-Party - Freight - "Scanfin" Charter - Carriage of Pit-Props - "Cargo to be brought to and taken from alongside the steamer at charterers' risk and expense as customary"-Meaning of "Alongside" - Custom of the Port (Sunderland) - Incidence of Cost of Receiving Cargo on Quay and Stacking on Back of Quay.
Arbitration - Jurisdiction - Construction of Arbitration Clause in Sale of Goods Contract-Chemical Trade-"Any dispute . . . to be settled by arbitration in London in the usual way"-London Contract accepted in Genoa - Clause held to provide for arbitration before two Arbitrators and, if they should differ, before an Umpire appointed by them.
Collision-Time within which Action may be brought - Maritime Conventions Act, 1911, Sect. 8-Extension after 2 years- Defendants at Time of Collision not Subject to Jurisdiction of Scottish Courts-Arrest of any Ship belonging to Defendants to found Jurisdiction - Opportunity missed owing to want of knowledge as to Ownership of a Ship newly acquired by Defendants visiting a Scottish port.
Compensation under Indemnity Act, 1920- Sect. 2 (1) (b)-Claim by Charterers of Ship prevented by Government Interference for carrying out Provisions of Charter-party - Interference contemplated by Parties to Charter.
Marine Insurance-Loss-Ship scuttled with Privity of Owner-Finding of Scuttling not appealed against-Claim by Mortgagees -Whether Defence of Scuttling also good against Mortgagees-Whether Scuttling a Peril of the Seas-Insurable Interest of Mortgagees - Mortgagors under Contract to Insure with Benefit to Mortgagees - Whether Mortgagees Parties to Contract of Insurance or Assignees of Policy.
Marine Insurance-Loss-Ship scuttled with Privity of Owner-Finding of scuttling not appealed against-Claim by Mortgagees -Whether Defence of Scuttling also good against Mortgagees-Whether Scuttling a Peril of the Seas-Causa proxima-Validity of Mortgage-Effect of Greek Law-Insurable Interest of Mortgagees-Whether Mortgagees Parties to Contract of Insurance or Assignees of Policy - Warranty in Marine Policy as to Amount of Insurance on Freight-Breach by excessive War Risk Insurance. [The "Gregorios."]
Carrier - Negligence - Tea destroyed by Fire while on Flat in River Brahmaputra - Goods delivered to Railway Company for Carriage by Rail previous to Shipment-Railway Company not to be liable for Loss or Damage by Fire- Goods placed on Flat for River Transport - Whether Steamship Company owning Flat Common Carriers or Sub-Contractors employed by Railway Company-Rate of Rupee-Sterling Exchange applicable to Damages.
Contract-Use by British Government of Ships belonging to Russian "Volunteer" Shipowning Corporation - Whether Trading Company or Department of Russian Government - Whether Payment to be made and Ships to be returned to Corporation or set off against Amount due from Russian Government-Case Settled.
Collision in River Ouse-Both Ships moored at Jetty-Collision following upon one Ship breaking adrift from Moorings- Set of Tide affected by another Ship aground in River-Subsequent Damage due to second Ship breaking adrift.
Collision (Barge, in Tow, with Steamer turning in River) at Dock Entrance- Whether due to Steamer's improper Turning Manoeuvres or Negligence of Tug - Respective Speeds - Humber Rules, 1910-Alexandra Dock By-Laws.
Load-Line-Special Case stated by Magistrate - Sect. 438-441 of Merchant Shipping Act, 1894 - Barge used to carry Oil Fuel to Vessels in River - Towed to another Port for Use there - Whether Coal taken as Ballast or Cargo -Whether Barge employed in Coasting Trade.
Marine Insurance-Loss-Ship scuttled with Privity of Owner-Finding of Scuttling not appealed against-Claim by Mortgagees -Whether Defence of Scuttling also good against Mortgages-Whether Scuttling a Peril of the Seas-Causa Proxima-Validity of Mortgage-Effect of Greek Law-Insurable Interest of Mortgagees - Whether Mortgagees Parties to Contract of Insurance or Assignees of Policy-Warranty in Marine Policy as to Amount of Insurance of Freight-Breach by excessive War Risk Insurance with same Underwriter-Waiver. [The "Gregorios."] (Continued from p. 48.)
Charter-Party without Ice Clause-Demurrage and Detention-Ship ice-bound in Danube Port-Three Loading Ports- Ship frozen in on Day after Arrival at first Loading Port-Navigation declared closed on next Day-Whether "Arrived Ship"-Berth not offered - Whether Charterers obliged to provide Berth when Ship had not obtained Pratique.
Charter-Party-Cancellation by Charterers- Claim by Charterers for Damages for Breach of Undertaking as to Seaworthiness -Breakage of Propeller Blades- Unseaworthiness or Latent Defect- Counterclaim for Hire - Seaworthiness as Condition Precedent which after Acceptance of Ship becomes a Warranty which can only be relied upon as a Claim for Damages-Breach of Undertaking in Charter-Party to maintain Ship in Seaworthy Condition entitling Charterers to cancel Charter-Party-Measure of Damages-Charterers cannot claim Damages for Loss of profitable Subcharter not brought to notice of Shipowners.
Sale of Goods f.o.b.-Cotton on Reels- Specified Length-Delivery of Shorter Length-Condition of Contract-Buyers to accept and pay for Goods unless Notice given to Sellers within 14 days after Arrival at Destination-Meaning of Destination-Whether ultimate Destination-Place of Delivery varied by Agreement-Delivery into Warehouses-Complaint first made after Goods sent Abroad 15 months later - Whether Right to Damages nullified by Condition as to Acceptance and Payment.
Easements-Right of Wharf-owner to User of Creek and to moor his Vessels to another adjoining Wharf-Prescription Act, 1832-Lost Grant-Continuous User "As of Right" or by Consent for more than 40 (or 20) Years next before Action brought.
Sale of Goods (Calcutta Hessian Cloth c.i.f.) -Rejection of Part Goods-Arbitration held in Calcutta-Award against Buyers not complied with-Action for Breach of Contract to comply with Award or Damages for Failure to pay Cash against Documents - Construction of Award.
Charter-Party-Marine or War Risk-Liability for Loss (while on Sub-Charter) of Ship in Convoy sunk by Collision with H.M. Ship patrolling in Zigzags outside Convoy-Agreement of Charterers to "hold the Owners covered against all War Risks"-Negligent Look-out of H.M. Ship.
Charter-Party - "T.99"-Depreciation of and Damage to Ship-Accumulated Repairs-"Owners to be reimbursed of any Expenses other than those ordinarily incurred in the Working of the Ship"-User during War: customary or extraordinary.
Easements-Right of Wharf-owner to User of Creek and to moor his Vessels to another adjoining Wharf-Prescription Act, 1832-Lost Grant-Continuous User "As of Right" or by Consent for more than 40 (or 20) yean next before Action brought-Enjoyment nec vi, nec clam, nec precario.
Charter-Party-Turret Ship and Cargo lost - Stability - Fitness for Voyage - Instructions as to Loading received by Owners from Builders not communicated to Master - Unseaworthiness - Effect of Harter Act.
Compensation under Indemnity Act, 1920- Sect. 2 (1) (b)-Claim by Charterers of Ship prevented by Government Interference from Carrying out Provisions of Charter-Party-Interference contemplated by Parties to Charter.
Bill of Lading-Delay in Delivery of Goods (Zinc Ash)-Falling Market-Damage and Claim for Return of Money paid for re-conditioning Goods at Port of Shipment after being handled by Ship -Clean Bill of Lading-Estoppel- Rights (after paying Freight) against Shipowner of Indorsee of B/L when the whole of the Property in the Goods has not passed-Terms of Implied Contract -Prolongation or Postponement of or Deviation on Voyage.
Insurance of Bank against Loss by taking forged Documents - Underwriter to pay only Claims in Excess of . . . dols. in Respect of each and every Loss -Contract by Bank to advance up to 100,000 dols. to be secured by Cattle Mortgages - Forged Mortgages presented in a Series-Whether one Loss or Series of Losses.
Shipping - Master Porterage Charges - Implied Contract for Services-Custom of the Port (Liverpool) applicable to Entire Cargoes of Spruce - Whether applicable to Discharge of Cargo of Spruce landed at Liverpool from Ship carrying other Goods for other Ports- Evidence of Custom-Watching Charges.
Indemnity-Third Party Procedure-Appeal from Straits Settlements-Principal and Agent-Damage to Wharf-Indemnification of Company using Wharf when Damage was done - Liability of their Managing Director - Effect of his Private Business Relationships as Charterer of Ship doing Damage.
Carrier-Negligence-Tea destroyed by Fire while on Flat in River Brahmaputra- Goods delivered to Railway Company for Carriage by Rail previous to Shipment -Railway Company not to be liable for Loss or Damage by Fire- Goods placed on Flat for River Transport -Whether Steamship Company owning Flat Common Carriers or Sub-Contractors employed by Railway Company.
Charter-Party-Insurance of chartered Norwegian Ship-Agreement to insure for Sum in Norwegian Currency-Insurance effected in Sterling - Waiver - Cover Note accepted by Brokers without Objection-Ship lost-Incidence of Loss due to Variations in Exchange-Consideration for Agreement to insure - Mistake - Commission on Estimated Freight-Whether Charterers entitled to Commission as Trustees for Brokers.
Workmen's Compensation - Latent Heart Disease aggravated by Accident-Admissibility of Medical Textbook Evidence asked for by Judge between Hearing and Judgment - Impossibility of fixing Date when incapacitated Man might be expected to do light Work.
Collision in River at New Orleans-Damage partly due to Position of Plaintiff Ship's Anchor-New Orleans Port Regulations -Port Anchor to be "cock-billed or at the hawse ready to let go"- Meaning of "at the hawse."
Company-Liquidation-Marine Insurance- Slips initialled before Liquidation- Whether valid after Liquidation - Whether Policies ought to be issued by Liquidator-Whether Liquidator may pick and choose among Obligations incurred under Slips.
Collision in Clyde - Liability admitted - Measure of Damages - Docking Charges, Demurrage, &c. - Cause of Detention, whether Collision or previous Unseaworthiness-Procedure-Want of Averment or Plea regarding a Matter argued at Trial and before Inner House -Case remitted back to Court of Session.
Collision (Tug and Barges with Steamship) in River Thames in Fog-Thames By-laws Nos. 27-29, 33, 39-42 - Disputed Courses-Duty of Tug under Collision Regulations, Art. 16, to stop her Engines even though Tows might overrun her.
Marine Insurance-Loss-Ship scuttled with Privity of Owner-Finding of Scuttling not appealed against-Claim by Mortgagees -Whether Defence of Scuttling also good against Mortgagees-Whether Scuttling a Peril of the Seas - Causa Proxima-Validity of Mortgage-Effect of Greek Law-Insurable Interest of Mortgagees - Whether Mortgagees Parties to Contract of Insurance or Assignees of Policy - Warranty in Marine Policy as to Amount of Insurance of Freight-Breach by excessive War Risk Insurance with same Underwriter -Waiver. [The "Gregorios."] (Continued from p. 69.)
Requisitioned Ship-Collision Damages- Compensation-Collision due to Warlike Operation-Assessment of Damages referred by House of Lords to King's Bench Division-Whether Crown may deduct Hire during Time Vessel under Repair-Incidence of Cost of Bunker Coals during Repairs and of Cost of Repairs to both Ships.
Negligence-Sinking of Barge hired to Defendants-Whether caused by Negligent Loading or due to Unseaworthiness -Warranty of Seaworthiness of all Vessels working on Salt Water-Barge raised by Defendants under Contract of which no Notice given to Plaintiffs- Claim by Defendants for Reimbursement disallowed.
Contract - Construction - Shipbuilding - Yacht - "Time and Lime" Basis - Builder's Profit limited under Contract -Installation of Airship Engine instead of Marine Engine-Whether new Contract set up-Whether Builder entitled to Profit on extra Cost-Counterclaim for Defects-Waiver.
(1923) 17 Ll.L.Rep. 233
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