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Lloyd's Law Reports
AUTHOR: Michael Daiches, Barrister, and Professor Robert Merkin
ISBN: 1234-23-4936
Lloyd's Law Reports
Author: Michael Daiches, Barrister, and Professor Robert Merkin
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Reports for Volume 17, 1923
PATERSON, ZOCHONIS & CO., LTD. v. ELDER DEMPSTER & CO., LTD. AND OTHERS.
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.
(1923) 17 Ll.L.Rep. 1
EASTERN SHIPPING COMPANY, LTD. v. QUAH BENG KEE (THIRD PARTY).
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.
(1923) 17 Ll.L.Rep. 2
SKIBSAKTIESELSKABET STAALBETON v. DELFZYL STEAMSHIP COMPANY.
Charter-Party "subject to Approval of ship's Deck"-Acceptance of Ship by Charterers: whether conditional or absolute.
(1923) 17 Ll.L.Rep. 5
WILLIAMS v. MANISSELIAN FRERES.
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.
(1923) 17 Ll.L.Rep. 6
STAR PUBLIC SAW MILL COMPANY v. ROBERT BRUCE & CO., LTD.
Sale of Goods (Timber) - Construction of Contract - Meaning of "Shipment prompt": Application to first Carload or to Whole of Goods-"Sold subject to Shipment and to Safe Arrival."
(1923) 17 Ll.L.Rep. 7
BRANDT & CO. AND F. W. VOGEL & CO. v. RIVER PLATE STEAM NAVIGATION COMPANY, LTD.
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.
(1923) 17 Ll.L.Rep. 8
DODD v. AMALGAMATED MARINE WORKERS' UNION.
Trade Union-Right of Member to inspect Books through a skilled Agent-Bonƒ fides of Application to inspect.
(1923) 17 Ll.L.Rep. 9
IN THE MATTER OF THE DESTRUCTION OF CERTAIN ARMED TURKISH VESSELS.
Prize bounty claims-Sailing Vessels destroyed - Whether enemy-owned - Whether conveying munitions to enemy bases-Whether armed Vessels of the Enemy.
(1923) 17 Ll.L.Rep. 10
"PIONEER" v. "AUSTRALMEAD."
Collision (Barge, in Tow, with Steamer) at Dock Entrance - Whether due to Steamer's improper Approach to Entrance or Negligence of Tug-Respective Speeds-Humber Rules, 1910-Alexandra Dock By-Laws.
(1923) 17 Ll.L.Rep. 12
"LISBON MARU" v. "ELWICK."
Collision in River Elbe-Excessive Speed in Fog-Wrong Helm Action.
(1923) 17 Ll.L.Rep. 14
THE "SPERMINA."
Mortgage of Ship - Ship arrested as Instance of Mortgagees - Intervention by Canal Company - Dock and Canal Dues-Priorities.
(1923) 17 Ll.L.Rep. 17
"BROCKWORTH" v. "WIMBLEDON" AND OTHERS.
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.
(1923) 17 Ll.L.Rep. 18
DEN NORSKE AFRIKA OG AUSTRALIELINIE v. P. & O. STEAM NAVIGATION COMPANY.
Overtaking Collision in English Channel- Duty of Ship in doubt-Collision Regulations, Arts. 23, 24.
(1923) 17 Ll.L.Rep. 20
"DALEMEAD" v. "KING CITY."
Collision in River Thames-Moving Steamer with Steamer in tow heaving up Anchors and properly exhibiting Anchor Lights.
(1923) 17 Ll.L.Rep. 22
"WAALSTROOM" v. "GRIPFAST."
Overtaking Collision (one Ship Turning) in River Ouse-Lower Ouse Rules, 1910.
(1923) 17 Ll.L.Rep. 25
"THERESE" v. "WAALSTROOM."
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.
(1923) 17 Ll.L.Rep. 28
DOXFORD & SONS, LTD., v. THE CROWN.
Shipbuilding-Payment for work done- Petition of Right-Set-off-Income Tax.
(1923) 17 Ll.L.Rep. 29
AKTIESELSKABET DAMPSKIBSSELSKABET "PRIMULA" v. HORSLEY & CO.
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.
(1923) 17 Ll.L.Rep. 30
SCRIMAGLIO v. THORNETT & FEHR.
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.
(1923) 17 Ll.L.Rep. 34
LEADENHALL STEAMSHIP CO.
(1923) 17 Ll.L.Rep. 36
J. D. INSULATING & REFRIGERATING CO. v. THOMAS ANDERSON, LTD.
Patent-Ship Insulation and Refrigeration -Infringement-Denial-Invalidity - Prior Publication-Prior User-Want of Utility.
(1923) 17 Ll.L.Rep. 37
STEVEN LINE, LTD., v. NEDERLANDSCH AMERIKAANSCHE STOOM, MAATS.
Collision in River Scheldt - Look-out - Improper Starboarding.
(1923) 17 Ll.L.Rep. 38
WHITE BROS, YACHT BUILDERS, ENGINEERS & SHIP-REPAIRERS, LTD. v. GEO. H. HARRISON.
Repairs to Ship-Case settled.
(1923) 17 Ll.L.Rep. 38
KIANGNAN DOCK AND ENGINEERING WORKS (SHANGHAI) AND OTHERS v. HOWDEN & CO.
Contract-Supply of Boilers-Cancellation- Adjustment of Claims through Third Parties.
(1923) 17 Ll.L.Rep. 40
BIRKDALE STEAMSHIP CO. v. CIA. NAV. VASCONGADA.
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.
(1923) 17 Ll.L.Rep. 41
MOSS STEAMSHIP CO. v. BOARD OF TRADE.
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.
(1923) 17 Ll.L.Rep. 43
GRAHAM JOINT STOCK SHIPPING CO., LTD. v. MERCHANTS' MARINE INSURANCE CO.
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.
(1923) 17 Ll.L.Rep. 44
P. SAMUEL & CO., LTD. v. DUMAS.
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."]
(1923) 17 Ll.L.Rep. 47
THE DEKHARI TEA COMPANY, LTD. AND OTHERS v. INDIA GENERAL NAVIGATION & RAILWAY COMPANY, LTD.
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.
(1923) 17 Ll.L.Rep. 48
DODD v. AMALGAMATED MARINE WORKERS' UNION.
Trade Union-Right of Member to inspect Books through a skilled Agent-Bonƒ fides of Application to inspect.
(1923) 17 Ll.L.Rep. 50
THE "SPERMINA."
Mortgage of Ship-Ship arrested at Instance of Mortgages-Intervention by Canal Company - Dock and Canal Dues - Priorities-Canal Company's Right to detain and sell Vessel.
(1923) 17 Ll.L.Rep. 52
RUSSIAN VOLUNTEER FLEET v. THE CROWN.
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.
(1923) 17 Ll.L.Rep. 52
"THERESE" v. "WAALSTROOM."
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.
(1923) 17 Ll.L.Rep. 53
"HAARFAGRE" v. "KATHE."
Collision in North Sea-Converging Courses -Whether Overtaking Rule or Crossing Rule applicable.
(1923) 17 Ll.L.Rep. 55
"PIONEER" v. "AUSTRALMEAD."
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.
(1923) 17 Ll.L.Rep. 57
"DAISY" v. ANGLO-AMERICAN OIL COMPANY, LTD. (THE "SUTHERLAND").
Collision in River Thames between Sailing Barge and Lighter (in tow).
(1923) 17 Ll.L.Rep. 59
ANGLO-AMERICAN OIL COMPANY, LTD. v. LEWIS.
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.
(1923) 17 Ll.L.Rep. 61
GARRA v. EAGLE, STAR & BRITISH DOMINIONS INSURANCE CO., LTD.
Marine Insurance - Case Settled - Suggestion of Scuttling withdrawn.
(1923) 17 Ll.L.Rep. 61
HOME & COLONIAL STEAM FISHING COMPANY, LTD.
Company-Winding-up-Director's Fees- Chairman-Effect of Undertaking that no Fees should be paid until Company paid Dividends-Company voluntarily wound up-Chairman's claim for Fees.
(1923) 17 Ll.L.Rep. 64
DIMETRIADES & CO. v. NORTHERN ASSURANCE CO; DIMETRIADES v. SAME; BORTHWICK v. BRITISH GENERAL ASSURANCE CO.; CAMBITSIS v. NORWICH UNION FIRE INSURANCE SOCIETY.
Marine Insurance-Loss-Claim-Ship and Cargo-Defence of Fraudulent Casting away of Ship-Breach of Continuing Warranty-Concealment (Greek Interest in Ownership).
(1923) 17 Ll.L.Rep. 65
IN RE CLYDE MARINE INSURANCE CO. (IN LIQUIDATION).
Company-Liquidation-Marine Insurance- Slips initialled before Liquidation- Whether valid after Liquidation- Whether Policies ought to be issued by Liquidator.
(1923) 17 Ll.L.Rep. 66
P. SAMUEL & CO., LTD. v. DUMAS.
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.)
(1923) 17 Ll.L.Rep. 67
IN RE DANIEL EMIL ERICKSON'S LETTERS PATENT.
Patent-Liquid Fuel Burners-Petition for Revocation on around of Invalidity for want of Novelty, Subject-Matter and Utility-Allegations of Anticipation and Prior User-Inventive Step.
(1923) 17 Ll.L.Rep. 69
THE "TUBANTIA."
Salvage-Trespass-Motion for Continuation of Interim Injunction to restrain new Salvors from interfering with Salvage Operations already in Progress.
(1923) 17 Ll.L.Rep. 71
WILLIAMS v. MANISSELIAN FRERES.
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.
(1923) 17 Ll.L.Rep. 72
LOKKO v. FRED DRUGHORN, LTD.
Claim for Value of Logs sold under Agreement - Appeal for Reduction of Damages -Market Values-Facts coming to Knowledge of Defendants' Solicitors at very late stage - No ground for new Trial.
(1923) 17 Ll.L.Rep. 74
THE "SPERMINA."
Mortgage of Ship-Ship arrested at Instance of Mortgagees-Intervention by Canal Company-Dock and Canal Dues- Priorities.
(1923) 17 Ll.L.Rep. 76
FEDERAL STEAM NAVIGATION COMPANY, LTD. ("DEVON") v. MERSEY DOCKS & HARBOUR BOARD.
Dock and Harbour Boards-Duties-Negligence -Ship's Propeller fouled by submerged Obstruction.
(1923) 17 Ll.L.Rep. 76
"WHITE CROSS" v. "NUTHATCH."
Negligent Navigation-Excessive Speed in River Thames - Effect of Wash - Damage caused to moored Steamer.
(1923) 17 Ll.L.Rep. 77
"ISA" v. "PROCELLARIA."
Salvage-French Schooner in Distress in Bristol Channel towed to Swansea- Judgment in Default of Appearance by Defendants.
(1923) 17 Ll.L.Rep. 77
"SNIA" SOCIETA DI NAVIGAZIONE INDUSTRIA E COMMERCIO v. SUZUKI & CO. AND TEIKOKU KISEN KAISHA.
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.
(1923) 17 Ll.L.Rep. 78
ADMIRALTY COMMISSIONERS v. BRYNAWEL S.S. COMPANY.
(1923) 17 Ll.L.Rep. 89
WM. H. MULLER & CO. v. L'UNIONE MARITIME OF PARIS AND OTHERS.
Insurance (Marine)-Open Cover-"Special f.p.a. clause as attached, except in respect of damage arising prior to shipment."
(1923) 17 Ll.L.Rep. 90
HAMPTON v. CONOLLY.
Desertion by Seamen-Merchant Shipping Act, 1894, Sect. 221-Liability for Wages of Substitute-Case Adjourned-Further Case to be stated free from Complications as to Substitutes for Substitutes.
(1923) 17 Ll.L.Rep. 91
AKTIES LABOREMUS v. STEAUA FRANCAISE SOC. ANON.
Arbitration under Charter-Party - Legal Misconduct - Evidence (Letter of Captain, deceased before Arbitration).
(1923) 17 Ll.L.Rep. 92
RIVERS STEAM NAVIGATION CO., LTD.
Company-Extension of Objects. (Continued from p. 65.)
(1923) 17 Ll.L.Rep. 93
"MEREDDIO" (OWNERS OF) AND MACLAY v. FRENCH MINISTER OF MARINE.
Collision-(Scottish Ship with French Ship in French Waters) - Jurisdiction in Scotland.
(1923) 17 Ll.L.Rep. 94
ADAM BROS. v. BLYTHSWOOD SHIPBUILDING CO.
Shipbuilding-Assignability of Contract to sell Ship when Completed - Terms of Resumption of Property by Sellers - Case settled.
(1923) 17 Ll.L.Rep. 96
K. SZYMANOWSKI & CO., v. ERNEST BECK & CO. LTD.
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.
(1923) 17 Ll.L.Rep. 97
BELL ASSURANCE ASSOCIATION v. LICENSES & GENERAL INSURANCE CORPORATION & GUARANTEE FUND, LTD.
Motor Car Insurance-"Knock and Knock" Agreement between Insurance Companies-Each Company to repair Car insured by itself-Whether Agreement applicable to Car insured under invalid Policy.
(1923) 17 Ll.L.Rep. 100
BRITISH-AMERICAN TOBACCO COMPANY, LTD. v. FEAR, COLEBROOK & CO., LTD.
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.
(1923) 17 Ll.L.Rep. 100
J. F. ROBERTSON & CO. v. A. T. JAMES & CO.
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.
(1923) 17 Ll.L.Rep. 102
LORDS COMMISSIONERS OF THE ADMIRALTY AND OTHER v. "STONEHENGE," CARGO AND FREIGHT.
Salvage-Assistance by H.M. Tugs to Steamer aground in Portsmouth Harbour.
(1923) 17 Ll.L.Rep. 103
WILLIAM WATKINS, LTD. AND OTHERS v. "WIEN," CARGO AND FREIGHT.
Salvage-Assistance by Tugs and Watermen to Steamer after Collision in River Thames.
(1923) 17 Ll.L.Rep. 105
"PITSTRUAN" v. "DEPUTE JOSSELIN DE ROHAN."
Collision in North Sea-Steamers on Crossing Courses - Duty of Stand-on Ship when driven to act - Collision Regulations, Arts. 19, 22, 23, 27, 28 and 29.
(1923) 17 Ll.L.Rep. 107
THE "SPERMINA."
Mortgage of Ship-Ship arrested at Instance of Mortgagees-Intervention by Canal Company-Dock and Canal Dues- Priorities-Case settled.
(1923) 17 Ll.L.Rep. 109
MICHALINOS & CO. v. L. DREYFUS & CO.
Charter-Party containing Clause: "Detention by . . . Ice . . . shall not count as Lay-Days"-Demurrage and Detention-Whether Detention by Ice after loading for account of Charters or Owners.
(1923) 17 Ll.L.Rep. 111
T. LEWIS v. L. DREYFUS & CO.
Charter-Party containing Clause: "Detention by . . . Ice . . . shall not count as Lay-Days"-Demurrage and Detention-Whether Detention by Ice after loading for account of Charterers or Owners.
(1923) 17 Ll.L.Rep. 112
MAZARAKIS BROS. v. FURNESS, WITHY & CO.
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.
(1923) 17 Ll.L.Rep. 113
CANADIAN PACIFIC RAILWAY COMPANY v. THE BOARD OF TRADE.
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.
(1923) 17 Ll.L.Rep. 114
BRITISH AMERICAN TOBACCO COMPANY, LTD. v. FEAR; COLEBROOK & CO., LTD.
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.
(1923) 17 Ll.L.Rep. 117
STANDARD OIL COMPANY OF NEW YORK v. THE CLAN LINE STEAMERS, LTD.
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.
(1923) 17 Ll.L.Rep. 120
MOSS STEAMSHIP CO. v. BOARD OF TRADE.
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.
(1923) 17 Ll.L.Rep. 131
BRANDT & CO. AND F. W. VOGEL & CO. v. RIVER PLATE STEAM NAVIGATION COMPANY, LTD.
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.
(1923) 17 Ll.L.Rep. 142
"KENTISH COAST" v. "TRINCULO."
Overtaking Collision in River Mersey. (Continued from p. 110.)
(1923) 17 Ll.L.Rep. 149
THE "ZEBRINA."
Mortgage of Ship-Order made in Default of Appearance by Shipowners for Appraisement and Sale.
(1923) 17 Ll.L.Rep. 150
"BONETTA" AND OTHERS v. "ALLEGRO."
Collision (Sailing Barge with Steamship) in River Thames in Fog.
(1923) 17 Ll.L.Rep. 151
FEDERAL STEAM NAVIGATION COMPANY, LTD. ("DEVON") v. MERSEY DOCKS & HARBOUR BOARD.
Dock and Harbour Boards-Duties-Negligence -Ship's Propeller fouled by submerged Obstruction-Whether absolute Warranty of Safety of Dock or Duty only to use Reasonable Care.
(1923) 17 Ll.L.Rep. 152
EQUITABLE TRUST COMPANY OF NEW YORK v. WHITTAKER.
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.
(1923) 17 Ll.L.Rep. 153
MEARNS v. HUGHES & SON.
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.
(1923) 17 Ll.L.Rep. 156
PACIFIC STEAM NAVIGATION COMPANY v. ANGLO-NEWFOUNDLAND DEVELOPMENT COMPANY, LTD.
Collision in River Clyde-Signal for leaving Dock-Disposition of Tugs-Clyde Regulations Nos. 3, 18 and 19.
(1923) 17 Ll.L.Rep. 161
EASTERN SHIPPING CO., LTD. v. QUAH BENG KEE (THIRD PARTY).
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.
(1923) 17 Ll.L.Rep. 162
UNITED STATES SHIPPING BOARD v. THE LAIRD LINE, LTD.
Collision off Corsewall Point at Edge of Fog -Speeds in Fog-Appeal against Finding of Both to blame.
(1923) 17 Ll.L.Rep. 162
THE DEKHARI TEA COMPANY, LTD., AND OTHERS v. INDIA GENERAL NAVIGATION & RAILWAY COMPANY, LTD.
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.
(1923) 17 Ll.L.Rep. 164
LARSEN v. ANGLO-AMERICAN OIL 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.
(1923) 17 Ll.L.Rep. 166
McCARTHY v. CANADIAN PACIFIC STEAMSHIPS, LTD.
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.
(1923) 17 Ll.L.Rep. 168
"CLYNE ROCK" v. "GEORGE WASHINGTON."
Collision off S. Goodwin Light-vessel - Steamers on Crossing Courses.
(1923) 17 Ll.L.Rep. 170
"COIMBRA" v. "ECHO" AND OTHERS.
Collision - Limitation of Liability - Procedure -Absence of Affidavit in Support of Plea of no Loss of Life or Personal Injury - Plea uncontested - Decree granted.
(1923) 17 Ll.L.Rep. 170
"CONTEST" v. "AGE."
Collision (Tug with Steamship) in Barry Roads while passing Tow-Rope-Tugs which are making fast to a Ship take upon themselves the main burden of keeping clear.
(1923) 17 Ll.L.Rep. 172
"NORMAN MONARCH" v. "GLADIATOR."
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."
(1923) 17 Ll.L.Rep. 174
"JACKAL" v. "AKENSIDE."
Collision (Tug and Barges with Steamship) in River Thames in Fog-Thames By-laws Nos. 27-29, 33, 39-42.
(1923) 17 Ll.L.Rep. 177
SCHEEPVAART EN STEENKOLEN MAATSCHAPPIJ v. TRUSTEES OF THE AIRE & CALDER NAVIGATION COMPANY.
Dock and Harbour Authorties-Duties- Damage to Steamship after breaking away from Mooring Post-Whether absolute Warranty of Fitness of Appliances for their Purpose or Duty only to use Reasonable Care.
(1923) 17 Ll.L.Rep. 178
BRAGG v. VILLANOVA.
Sale of Goods (Spanish Walnuts f.o.b.)- Quality-Right to reject under f.o.b. Contract-Reasonable Opportunity of Examination-Place of Inspection-Sale of Goods Act, 1893, Sect. 34, sub-s. 1.
(1923) 17 Ll.L.Rep. 181
CHARLES JOVIGNOT v. THE IMPORTERS' & EXPORTERS' MARINE INSURANCE COMPANY, LTD.
Insurance (Marine)-Proof of Interest- Proof of Loss-Case settled.
(1923) 17 Ll.L.Rep. 182
CARAMAN, ROWLEY & MAY v. APERGHIS.
Sale of Goods (Sultanas c.i.f.)-Claim for Rectification of Contract by Inclusion of War Clause-Custom of the Trade proved.
(1923) 17 Ll.L.Rep. 183
LAW SHIPPING CO., LTD. v. INCOME TAX COMMISSIONERS.
Revenue-Income Tax-Cost of Repairs to ship-Expenses incurred by Purchasers Six Months after Purchase.
(1923) 17 Ll.L.Rep. 184
IN RE CLYDE MARINE INSURANCE CO. (IN LIQUIDATION).
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.
(1923) 17 Ll.L.Rep. 185
ABDULLA AND CASSUM v. STAMP.
Insurance (Marine)-Claim-Disputes under Policy to be referred to England-Jurisdiction of Indian Courts.
(1923) 17 Ll.L.Rep. 186
"VITRUVIA" STEAMSHIP COMPANY, LTD., v. ROPNER SHIPPING COMPANY, LTD.
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.
(1923) 17 Ll.L.Rep. 189
AKTIEBOLAGET "KARIN" v. STRAUSS & CO.
Prize - Claim by Shipowner against Charterer for Compensation for Detention at Kirkwall while Swedish Licence being obtained for Transportation of Goods.
(1923) 17 Ll.L.Rep. 190
"SAN ONOFRE" v. "MELANIE."
Salvage Services rendered by Colliding Ship after Collision-Whether successful -Amount of Award referred to Admiralty Court Judge for Assessment.
(1923) 17 Ll.L.Rep. 193
"ITRIA" v. "KOURSK."
Collision in Convoy - Postponement of Appeal at Request of Russian Soviet Government through Foreign Office.
(1923) 17 Ll.L.Rep. 193
CORY LIGHTERAGE, LTD. ("ULLESWATER") v. "LORD ROSEBERY."
Collision (Dumb Barge, in Tow, and Sailing Barge in River Thames)-Seamanship- Bend in River-Duty of Stand-on Ship -Right Moment for taking Action - Port of London River By-Laws, 1914, Nos. 38 and 41.
(1923) 17 Ll.L.Rep. 197
"HOLLINSIDE" v. "PORT DENISON."
Negligent Navigation-Collision of Steamship moored in Suez Canal with Facing of Canal-Whether caused by Excessive Speed of passing Steamer.
(1923) 17 Ll.L.Rep. 198
"BONETTA" AND OTHERS v. "ALLEGRO."
Collision (Sailing Barge with Steamship) in River Thames. (Continued from p. 152.)
(1923) 17 Ll.L.Rep. 199
"JACKAL" v. "AKENSIDE."
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.
(1923) 17 Ll.L.Rep. 201
"QUEENFORTH" v. "ROYAL FIRTH," CARGO AND FREIGHT.
Salvage-Small Steamer aground on Margate Sands towed into Ramsgate Harbour-Deduction from Award on Account of Collision Damage due to reckless Attempt to enter Harbour.
(1923) 17 Ll.L.Rep. 204
BYRON STEAMSHIP CO., LTD. ("MAID OF HYDRA") v. FALMOUTH DOCKS & ENGINEERING CO.
Negligent Navigation in Harbour-Collision with Piles of Wharf-Whether Collision caused by Dock Master's improper Order.
(1923) 17 Ll.L.Rep. 206
"MARKSMAN" v. "FREJ."
Salvage-Steamer aground on Hull Middle Sand assisted off and towed to Hull.
(1923) 17 Ll.L.Rep. 209
SAGACITY STEAMSHIP COMPANY, LTD. (IN LIQUIDATION), v. LUIGI GINO SALVAGNO.
Interpleader-Title to Insurance Premiums returned-Transfer to Chancery Division.
(1923) 17 Ll.L.Rep. 210
HORSEFERRY WHARFAGE & SHIPPING COMPANY v. MACANDREWS & CO.
Cost of Discharging Ship during Dockers' Strike-Disputed Terms of Contract.
(1923) 17 Ll.L.Rep. 211
GENERAL SHIPPING & FORWARDING COMPANY AND ANOTHER v. ARGONAUT MARINE INSURANCE COMPANY, LTD., AND ANOTHER.
[Case Settled.]
(1923) 17 Ll.L.Rep. 213
DODD v. AMALGAMATED MARINE WORKERS' UNION.
Trade Union-Right of Member to inspect Books through a skilled Agent.
(1923) 17 Ll.L.Rep. 214
JOHN LAYTON & CO., LTD. v. THE GENERAL STEAM NAVIGATION COMPANY, LTD.
Bill of Lading-Loss of Part Goods carried -Construction of Exceptions Clause.
(1923) 17 Ll.L.Rep. 214
CLAIM BY SWANSEA HARBOUR TRUSTEES.
Compensation for Use of Docking Accommodation by Warships-Loss of Earnings due to presence of Warships-Free Use of Docks by Warships under Harbours, Docks and Piers Clauses Act, 1847.
(1923) 17 Ll.L.Rep. 216
P. SAMUEL & CO., LTD. v. DUMAS.
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.)
(1923) 17 Ll.L.Rep. 217
ANGHELATOS AND OTHERS v. NORTHERN ASSURANCE COMPANY.
Procedure-Interest on Insurance Moneys paid under Judgment and refunded on Appeal-Order 28, r. I, 1 ("Slip Rule").
(1923) 17 Ll.L.Rep. 219
"HATASU" v. "ALYN."
Collision in Liverpool Bay - Crossing Courses-Give-way Ship should not cut it very fine and run Risk of scraping across the Bows of the stand-on Ship.
(1923) 17 Ll.L.Rep. 220
THE "CHRISTEL VINNEN."
Bill of Lading-Damage to part Cargo of Maize transhipped in Port of Refuge- Seaworthiness - Exceptions Clause - Perils of the Sea-Latent Defect- Counterclaim for General Average Expenses.
(1923) 17 Ll.L.Rep. 221
BOARD OF TRADE ("WAR PATRIOT") v. "JAMESTOWN."
Collision in Chesapeake Bay-Bad Look-out -Alleged Absence of Lights on Plaintiff Ship.
(1923) 17 Ll.L.Rep. 222
HERMAN v. PHOENIX ASSURANCE COMPANY, LTD.
Insurance (Fire)-Goods in Lighters later to be stored-Loss-Claim-Insurable Interest-Description of Goods-Non-Disclosure (20 sacks Wood-Wool on Premises)-Exaggerated Claim.
(1923) 17 Ll.L.Rep. 224
ADELAIDE STEAMSHIP CO., LTD., v. THE CROWN.
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.
(1923) 17 Ll.L.Rep. 229
FRASER & WHITE, LTD. v. CRAMPTONS (SHIPBUILDERS), LTD.
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.
(1923) 17 Ll.L.Rep. 231
PRATT v. OGILVIE.
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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