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Lloyd's Law Reports
AUTHOR: Michael Daiches, Barrister, and Professor Robert Merkin
ISBN: 1234-23-4936

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Author: Michael Daiches, Barrister, and Professor Robert Merkin
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Browse 1924 Archive by Volume
Reports for Volume 17, 1924
GRAHAM JOINT STOCK SHIPPING CO., LTD. v. MERCHANTS' MARINE INSURANCE CO., LTD.
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-Insurance effected by Brokers for Themselves "and/or as Agents"-Insurable Interest of Mortgagees - Mortgagors under Contract to insure with Benefit to Mortgagees - Whether Mortgagees Parties to Contract of Insurance or Assignees of Policy. [The "Ioanna."] (Continued from p. 46.)
(1924) 17 Ll.L.Rep. 241
UNITED STATES SHIPPING BOARD v. LAIRD LINE.
Collision off Corsewall Point at Edge of Fog -One Ship going at Full Speed-Appeal by Ship going at Slow Speed against Finding of Both to blame-Agony of Collision - Interval of three seconds before correct Order given on latter Ship.
(1924) 17 Ll.L.Rep. 243
WILLIAM HANSEN v. GABRIEL, WADE & ENGLISH, LTD.
Charter-Party - Freight - Reduction due when "Price of good-class Bunker Coal ordinarily used in this Trade" reduced to 80s. per ton-Construction-Whether actual Price to Shipowner or Trade Price fixed by Coal Controller-Whether Brokerage and Leadage should be included in Price of Coal.
(1924) 17 Ll.L.Rep. 245
THE KINGDOM OF ITALY (REPRESENTED BY THE ITALIAN DELEGATION) (WHEAT SUPPLIES) v. SUZUKI & CO.
Sale of Wheat c.i.f. - Short Delivery - Shrinkage in Wheat Cargoes usual - Disputed Certificates of Intake based on Average Weight of Bags-Substituted Term of Agreement as to Payment based on Out-Turn instead of Intake-Arbitration Clause-Award as Condition precedent to Action - Arbitration to be claimed within Time Limit - Claim made after Expiry rejected by Arbitrators -Whether Action barred by Absence of Award.
(1924) 17 Ll.L.Rep. 251
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-Insurance 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.
(1924) 17 Ll.L.Rep. 254
BEAR'S PAW RESTAURANT, LTD. v. BRITISH OAK INSURANCE CO., LTD.
Arbitration-Fire Insurance Policy-Defence of False Statement in Proposal Form (not incorporated in Policy)-Whether Contract Repudiated-Whether Arbitration Clause available to Defendants.
(1924) 17 Ll.L.Rep. 260
"HORNBY" AND "WALLASEY" v. "RIBEAUVILLE," CARGO AND FREIGHT.
Salvage-Assistance to Steamer disabled in Mersey.
(1924) 17 Ll.L.Rep. 261
"ASSISTANCE" AND OTHERS v. "LAGARTO."
Collision (Tug and Steamship) in Barry Roads.
(1924) 17 Ll.L.Rep. 264
THE "CREMYLL."
Collision-Case undefended.
(1924) 17 Ll.L.Rep. 264
ADMIRALTY AND OTHERS ("RAMBLER") v. JOHN MACKINTOSH AND OTHERS (THE "No. 112").
Salvage-Fire on Hulk-Assistance rendered by Admiralty Tug-Accord and Satisfaction - Estoppel - Whether Claim waived by Account rendered by H.M. Dockyard.
(1924) 17 Ll.L.Rep. 266
MANCHESTER SHIP CANAL COMPANY ("ALPHA") v. "HELGOY."
Collision (Screw Hopper Barge and Steamship) in Manchester Ship Canal.
(1924) 17 Ll.L.Rep. 266
PACIFIC STEAM NAVIGATION CO. ("ORITA") v. MERSEY DOCKS AND HARBOUR BOARD.
Negligence - Duties of Harbour Board (Mersey) as to dredging Channel - Damage to Ship-Whether caused by striking Wreckage in buoyed and dredged Channel or striking Revetment outside Channel.
(1924) 17 Ll.L.Rep. 268
"OCEAN KING" v. "BILL," CARGO AND FREIGHT.
Salvage-Steamship (damaged by Collision) piloted into Dover-Local Knowledge of unlicensed Man-Costs allowed only on County Court Scale.
(1924) 17 Ll.L.Rep. 279
DROSSOPULOS v. THE LONDON & WEST AFRICA MUTUAL TRADING CORPORATION, LTD., HONEYWILL BROS., AND J. E. TAYLOR.
Negotiable Instruments-Promissory Note- Authority of West African Manager of London Company to sign-Case Settled.
(1924) 17 Ll.L.Rep. 281
"SAN ONOFRE" v. "MELANIE."
Salvage Services after Collision-Assessment of Award referred by Court of Appeal to Admiralty Division.
(1924) 17 Ll.L.Rep. 281
JOHN LAYTON & CO., LTD. v. THE GENERAL STEAM NAVIGATION CO.
Bill of Lading-Loss of Part Goods carried- Construction of Exceptions Clause- Ejusdem generis Rule - Ambiguous Clause held not to protect Shipowner- Clause overridden by marginal note in Bill of Lading-Onus.
(1924) 17 Ll.L.Rep. 282
T. & J. BROCKLEBANK, LTD. v. THE CROWN.
Emergency Legislation - Payment under Duress - Claim for Return of Moneys paid to Authorities to allow Sale of British Ship to Foreign Buyers - Petition of Right-British Ships (Transfer Restriction) Act, 1915-Defence of Realm Regulation 39 c.c.
(1924) 17 Ll.L.Rep. 285
IN RE CLYDE MARINE INSURANCE CO. (IN LIQUIDATION).
Company-Liquidation-Petition of Liquidator - Marine Insurance - Slips initialled before Liquidation-Whether Policies ought to be issued by Liquidator -Whether Liquidator may pick and choose among Obligations incurred under Slips.
(1924) 17 Ll.L.Rep. 287
ROYAL COMMISSION ON WHEAT SUPPLIES v. "HANNA NIELSEN" (OWNERS OF).
Bill of Lading-Damage to Cargo-Exceptions Clause-Unseaworthiness or Perils of the Sea - Effect of Australian Sea Carriage of Goods Act, 1904, Sects. 5 (b) and 8 (1).
(1924) 17 Ll.L.Rep. 293
SOCIETE D'AVANCES COMMERCIALES (SOC. ANON. EGYPTIENNE) v. MERCHANTS' MARINE INSURANCE COMPANY.
Marine Insurance-Loss-Alleged Scuttling - Jurisdiction - Motion for Leave to Appeal from Refusal of Permission to order Egyptian Bank (with Branch in London) to disclose Accounts of Manager of Ship. [The "Palitana."]
(1924) 17 Ll.L.Rep. 297
SOCIETE D'AVANCES COMMERCIALES (SOC. ANON. EGYPTIENNE) v. MERCHANTS' MARINE INSURANCE COMPANY.
Marine Insurance-Loss-Shipowners' Claim -Alleged Scuttling-Procedure-Appeal from Refusal to order Commission to take Evidence in Egypt and from Refusal to Postpone Trial - Cargo-Owners' Action to be tried at same Time in Egypt. [The "Palitana."]
(1924) 17 Ll.L.Rep. 298
"CLYNE ROCK" v. "GEORGE WASHINGTON."
Collision near South Goodwin Light-vessel- Steamers on Crossing Courses-Disputed Helm Movements and Signals.
(1924) 17 Ll.L.Rep. 301
THE "CHRISTEL VINNEN."
Bill of Lading-Damage to part Cargo of Maize transhipped in Port of Refuge- Seaworthiness - Exceptions Clause - Latent or Patent Defect-Moisty of Damage caused by Unseaworthiness (Defective Rivet): Moiety caused by Negligence in not detecting and preventing Inflow of Sea Water-Onus.
(1924) 17 Ll.L.Rep. 303
THE "RUSSLAND."
Salvage; and Repairs to salved Vessel-Ship sold-Distribution of Proceeds-Warring Liens-Priorities-Bail-Claim of certain Plaintiffs against Bail given to answer another Plaintiff's Claim refused.
(1924) 17 Ll.L.Rep. 306
UNION-CASTLE MAIL STEAMSHIP COMPANY, LTD. v. STANDARD BANK OF SOUTH AFRICA, LTD.; SAME v. NATIONAL BANK OF SOUTH AFRICA.
Bill of Lading-Freight-Carriage of Gold in Mail Steamers - Freight to be based on declared Value of Gold- Ascertainment of Value: Whether "Standard Rate" or Market Value at Time and Place of Shipment-Substituted Term of Agreement - "Fine Ounce Value" to be accepted as "Standard Value"-Bank Charter Act, 1844.
(1924) 17 Ll.L.Rep. 309
SEA INSURANCE CO. v. ROSSIA INSURANCE CO. AND EMPLOYERS' LIABILITY ASSURANCE CORPORATION.
Garnishee-Moneys owed to Russian Insurance Company-Whether Russian Company dissolved by Soviet Decrees and Assets transferred to Soviet Government.
(1924) 17 Ll.L.Rep. 316
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-Construction of Charter-Party T. 99, Clause 19- Ejusdem Generis Rule.
(1924) 17 Ll.L.Rep. 324
DEMETRIADES & CO. v. NORTHERN ASSURANCE CO.; DEMETRIADES 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-Evidence as to Conspiracy -Over-Insurance of Cargo-Concealment (Greek Interest in Ownership). [The "Spathari."]
(1924) 17 Ll.L.Rep. 327