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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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Browse 1925 Archive by Volume
Reports for Volume 21, 1925
McPHERSON AND ANOTHER v. FIDELITY PHOENIX FIRE INSURANCE COMPANY OF NEW YORK.
Insurance (Canada)-Statutory conditions of policy-Variation-Petition for leave to appeal dismissed.
(1925) 21 Ll.L.Rep. 1
BANKERS' & SHIPPERS' INSURANCE COMPANY OF NEW YORK v. LIVERPOOL MARINE & GENERAL INSURANCE COMPANY, LTD.
Arbitration - Submission - Agreement to arbitrate contained in reinsurance treaty between American and English companies-Remedy under American Arbitration Act, 1920, in case of default by one party in appointing arbitrator.
(1925) 21 Ll.L.Rep. 2
LIBERTY NATIONAL BANK OF NEW YORK v. BOLTON.
Insurance-Banker's policy guaranteeing against theft by bank's servants-Whether fraud by cheque (or only losses by physical abstraction of securities) covered by policy.
(1925) 21 Ll.L.Rep. 3
EINAR BUGGE A/S v. W. H. BOWATER, LTD.
Sale of goods-Coal sold f.o.b. to be shipped in accordance with the custom of the port (Delagoa Bay)-Ship chartered by buyer to carry cargo-Delay in tendering cargo-Action to recover from seller demurrage paid by buyer to shipowner -Exception as to strikes in sale contract -Whether seller obliged to have sufficient coal available for use of tip appliance when ship's turn arrived.
(1925) 21 Ll.L.Rep. 9
THE "PUFFIN."
Collision between steamship and dredger in River Mersey-Steamship zigzagging to avoid her own smoke - Disputed courses and place of collision - Manoeuvres of dredger in crossing channel- Mersey Rule No. 10.
(1925) 21 Ll.L.Rep. 10
THE "BADIA."
Collision in River Thames between dumb barge (in tow) preparing to round upriver and tug-Disputed courses and signals-Defective look-out.
(1925) 21 Ll.L.Rep. 13
THE "EDITH."
(1925) 21 Ll.L.Rep. 15
THE "PLAWSWORTH."
Collision in River Thames-Failure of overtaking steamer to keep out of way of overtaken steamer - Manoeuvres hampered by sailing vessel crossing river ahead of both steamers.
(1925) 21 Ll.L.Rep. 18
THE "VIKINGSTAR."
Negligence-Fire on steamer undergoing repair-Whether caused by negligent dropping of hot rivets.
(1925) 21 Ll.L.Rep. 21
M. SAMUEL & CO. v. MORRIS AND OTHERS.
Contract-Guarantee policies subscribed by defendants-Loans by bankers on security of bills of exchange purporting to have been accepted by purchasers of motor carts on hire-purchase terms- Policies guaranteeing purchasers' bills- Privity of contract between underwriters and bankers-Whether bills sued upon purchasers' bills or accommodation bills -Estoppel.
(1925) 21 Ll.L.Rep. 22
WASSERMANN v. DARE AND OTHERS.
(1925) 21 Ll.L.Rep. 25
BEATTIE CHILD & CO., LTD., AND W. B. BEATTIE v. GLOBE AND RUTGERS FIRE INSURANCE COMPANY OF NEW YORK AND MALONE.
Insurance broker - Commission on reinsurance business-Application for declaration as to effect of judgment already delivered.
(1925) 21 Ll.L.Rep. 29
GEORGE COHEN, SONS & CO. v. STANDARD MARINE INSURANCE CO., LTD.
Insurance - Marine - Hulk insured while being towed from Chatham to Brake and after arrival - Vessel abandoned by tugs during voyage-Whether actual or constructive total loss-Salvage impossible without interfering with Dutch dykes-Permission of Dutch outhorities necessary-Restraint of princes-Unseaworthiness -Privity of assured-Disclosure -Notice of abandonment-Wording -Reasonable time.
(1925) 21 Ll.L.Rep. 30
BUERGER v. CUNARD STEAMSHIP CO.
Bill of lading - Loss of goods - Goods shipped to Odessa-Odessa found to be closed to navigation - Bill of lading surrendered and goods sent on to other ports-Whether fresh bill of lading contract implied-Liability excepted in original bill of lading for packages exceeding £20 in value unless declared: whether exception applicable to substituted contract.
(1925) 21 Ll.L.Rep. 38
A. WILKINSON v. S. J. WHITE.
Marine Insurance-Fire damage-Yacht's landed and stored gear destroyed - Yacht sold without replacement of stores and gear-Amount recoverable- Reasonable cost of replacement - Particular average or total loss of part of subject-matter of insurance.
(1925) 21 Ll.L.Rep. 40
HALL v. EVANS.
Pilotage - Dues - Bristol Channel - Noncompulsory area-Pilot taken on board at Nash Roads (212 miles from Penarth Roads) for employment from Penarth Roads to Cardiff-Whether entitled to fees as from Nash Roads to Cardiff- Whether any services rendered between Nash and Penarth.
(1925) 21 Ll.L.Rep. 44
MITSUBISHI SHOJI KAISHA, LTD. v. S. SOSKIN & CO., LTD.
Sale of goods (soya bean oil in bulk)- "Shipment February or first half of March per steamship . . ."-"Terms and conditions subject to . . . Association Form No. 44"-Form in course of alteration-Consensus ad idem- Force majeure-Arbitration - Special case referred back to arbitrators for further information.
(1925) 21 Ll.L.Rep. 46
EVANS v. CORNISH SALVAGE COMPANY (1918), LTD.
Trespass-Salvage of ship-Blasting operations -Damage to foreshore.
(1925) 21 Ll.L.Rep. 48
IN RE SUNDERLAND PROTECTING & INDEMNITY ASSOCIATION.
Company-Extension of objects.
(1925) 21 Ll.L.Rep. 48
MACLEAN v. CLAN LINE STEAMERS.
Procedure (Scotland)-Damages for widow of ship's engineer killed in collision assessed by jury-Other similar cases pending - Extract of pursuer's decree superseded to give time to defenders to decide weather to limit their liability.
(1925) 21 Ll.L.Rep. 49
IN RE SOVEREIGN SHIPPING COMPANY.
Company - Shares - Motion to rectify register.
(1925) 21 Ll.L.Rep. 49
PARKER & CO. (SANDBANK), LTD. v. WESTERN INSURANCE CO. AND UNITED BRITISH INSURANCE CO.
Insurance-Fire-Parol contract-Subjects insured burnt before cover notes delivered-Liability.
(1925) 21 Ll.L.Rep. 52
OWNERS OF "PETER M'RSK" v. GIBB & AUSTINE.
Freight-Pit props-Unit of charge for freight-Intaken piled fathoms.
(1925) 21 Ll.L.Rep. 53
OWNERS OF "ALLIE" v. KIMBER COAL CO., LTD.
Charter-party - Demurrage - Whether defenders agents for charterers or themselves principals.
(1925) 21 Ll.L.Rep. 53
GLANVILL, ENTHOVEN & CO. v. COMMISSIONERS OF INLAND REVENUE.
Revenue-Excess Profits Duty-Deduction of employee's remuneration - Underwriting agents' authorised clerk for underwriting marine risks at Lloyd's- Whether concerned in management of business.
(1925) 21 Ll.L.Rep. 55
IN RE RAILWAYS ACT, 1921; IN RE SETTLEMENT OF THE SCHEDULES OF STANDARD CHARGES.
Railways-Rates for goods traffic-Ascertainment of standard revenue-Undivided profits: whether capital "raised and provided"-Railways Act, 1921, Sect. 58 (1) (b).
(1925) 21 Ll.L.Rep. 57
ORANJE, LTD. v. SARGANT & SONS.
Sale of goods c.i.f.-Documents-Insurance policy to be with particular average- Particular average excluded from policy - Breach of contract - Measure of damages-Goods damaged-Damages measured by the amount recoverable in similar circumstances from an underwriter.
(1925) 21 Ll.L.Rep. 58
THE "JUPITER."
International law - Jurisdiction - Ship - Ownership-Confiscated ship sold by foreign state to Italian buyers-Claim by previous owners (a Russian navigation company) for possession of ship- Motion on behalf of Italian buyers to set aside writ.
(1925) 21 Ll.L.Rep. 61
THE "VIKINGSTAR."
Negligence - Fire on steamer undergoing repair - Whether caused by negligent dropping of hot rivets by repairers or negligence of shipowners' workmen in using candles or while smoking.
(1925) 21 Ll.L.Rep. 65
CROWN v. FOX AND ANOTHER.
Ship-Survey of passenger seamers-Board of Trade certificate-Merchant Shipping Act, 1894, Sect. 271-Contravention.
(1925) 21 Ll.L.Rep. 72
NORDENFJELDSKE STEAMSHIP CO. v. ARCOS, LTD.
Charter-party-Freight on timber cargo- Cargo to be of deals, battens and boards with sufficient ends for broken stowage only-Boards above one-third cargo and ends above those used for broken stowage to pay 3s. per standard extra freight-Freight for ends for broken stowage to be two-third-Should ends be shipped in excess of quantity required for broken stowage, 5 per cent. of cargo to pay two-thirds freight- Cargo loaded 40 standards deals, 930 standards boards and 51 standards ends -No ends required for broken stowage -Ascertainment of freight.
(1925) 21 Ll.L.Rep. 73
CLEVELAND TWIST DRILL COMPANY (GREAT BRITAIN), LTD. v. UNION INSURANCE SOCIETY OF CANTON, LTD.
Marine insurance-Loss of goods in heavy cases-Claim for pilferage-Proof of cause of loss-Misdelivery or pilferage.
(1925) 21 Ll.L.Rep. 74
EVANS AND ANOTHER v. CORNISH SALVAGE COMPANY (1918), LTD.
Trespass-Salvage of ship-Blasting operations -Damage to foreshore.
(1925) 21 Ll.L.Rep. 76
IN RE TOWN LINE (LONDON), LTD.
(1925) 21 Ll.L.Rep. 76
PORT OF MANCHESTER WAREHOUSES, LTD. v. LONDON MIDLAND & SCOTTISH RAILWAY.
(1925) 21 Ll.L.Rep. 77
MICHALINOS & CO. v. LOUIS DREYFUS & CO.
Charter-party containing clause: "Detention by . . . ice from Braila down to Sulina . . . shall not count as lay-days" - Demurrage and detention - Whether detention by ice after attempt to commence part loading for account of charterers or owners-One of several ways of loading previously selected by charterers.
(1925) 21 Ll.L.Rep. 79
EINAR BUGGE A/S. v. W. H. BOWATER, LTD.
Sale of goods - Coal sold f.o.b. to be shipped in accordance with the custom of the port (Delagoa Bay)-Ship chartered by buyer to carry cargo-Delay in tendering cargo-Shortage of railway trucks - Strike and its after-effects - Action to recover from seller demurrage paid by buyer to shipowner-Exception as to strikes and railway derangements in sale contract-Whether seller obliged to have sufficient coal available for use of tip appliance when ship's turn arrived.
(1925) 21 Ll.L.Rep. 80
HERBERT DICKINSON, LTD. v. ARCOS, LTD.
Sale of goods-Price-Construction of provision for payment in gold in Esthonia- "Gold to be of standard quality accepted . . . at the price ruling for bar gold in London on the day of payment" -Whether price to be statutory price, or price for exportable gold, or price for non-exportable gold for industrial purposes.
(1925) 21 Ll.L.Rep. 83
BANKERS' & SHIPPERS' INSURANCE COMPANY OF NEW YORK v. LIVERPOOL MARINE & GENERAL INSURANCE CO., LTD.
Arbitration - Submission - Agreement to arbitrate contained in reinsurance treaty between American and English companies - Remedy under American Arbitration Act, 1920, in case of default by one party in appointing arbitrator.
(1925) 21 Ll.L.Rep. 86
THE "RAVENSPOINT" AND THE "STARFINCH."
Collision in River Clyde-Liability admitted.
(1925) 21 Ll.L.Rep. 95
THE "ALLY."
Ship's necessaries-Mortgage-Priorities- Procedure in a case where a vessel is arrested and there is an application at the instance of necessaries men for judgment and an order for appraisement and sale.
(1925) 21 Ll.L.Rep. 97
THE "TERRIER."
Collision in Indio Channel (River Plate)- Plaintiff steamship entering channel on her own side met by defendant steamship crossing channel - Contributory negligence-Failure of plaintiff ship to give port helm signal.
(1925) 21 Ll.L.Rep. 98
VAN NIEVELT, GOUDRIAAN & CO.'S STOOMVAART MAATSCHAPPIJ v. C. A. FORSLIND & SON, LTD.
Charter-party - Demurrage - "Arrived ship"-Lay days-West Hartlepool- Discharge only possible in dock on to quay or only wagons on quay-Delay in waiting for a discharging berth.
(1925) 21 Ll.L.Rep. 104
THE "KATHLEEN."
Negligent navigation - Limitation of liability - Claim opposed - Allegation of defective condition of engines with privity of claimants.
(1925) 21 Ll.L.Rep. 104
MARSHAL SHIPPING COMPANY, LTD. v. BOARD OF TRADE.
Emergency legislation - Payment under duress-Claim for return of moneys paid to authorities to allow sale of British ship to foreign buyers
(1925) 21 Ll.L.Rep. 105
BROWN v. SPERRY GYROSCOPE COMPANY.
Patent-Infringement-Gyroscopic compass -Defence of non-infringement and of invalidity for want of novelty, subject-matter and utility.
(1925) 21 Ll.L.Rep. 107
THE "CHEKIANG."
Collision-Damages-Objections to Registrar's report-Detention of H.M. ship; pay and allowances of officers and men -Overhaul shortly due and carried out at same time as collision repairs-Test as to whether overhaul then obligatory.
(1925) 21 Ll.L.Rep. 115
ENGLISH NAVIGATION & TRADING COMPANY, LTD. v. ATTORNEY-GENERAL OF KENYA.
Arbitration - Award - Enforcement - Award against Government of Eastern Africa Protectorate-Damages for loss of ship sunk by military operations while carrying Government cargoes and passengers - Application for enforcement of award dismissed-Appeal.
(1925) 21 Ll.L.Rep. 115
THE "JUPITER."
International Law - Jurisdiction - Ship - Ownership - Confiscated ship sold by foreign state to Italian buyers-Claim by previous owners (a Russian navigation company) for possession of ship- Motion on behalf of Italian buyers to set aside writ.
(1925) 21 Ll.L.Rep. 116
THE "RUAPEHU."
Repairs to ship - Negligence - Core and skill-Outbreak of fire on ship under repair-Alleged improper use of naked lights and other negligences.
(1925) 21 Ll.L.Rep. 119
THE "SANDRAIL."
Collision (between steamship in tow of tug and hopper barge in tow of steam dredger) in narrow channel of River Wear in fog-Absence on both sides of proper care in approaching bend in river.
(1925) 21 Ll.L.Rep. 120
THE "ELLA."
Salvage-Small disabled German schooner towed into West Hartlepool by trawler -Application for judgment in default of appearance.
(1925) 21 Ll.L.Rep. 122
THE "KILMARNOCK."
Salvage - Small disabled steamship towed form near Tuskar to Milford Haven.
(1925) 21 Ll.L.Rep. 123
THE "SUSQUEHANNA."
Collision-Objection to Registrar's report- Loss of use of Admiralty oiler-Vessel not employed in profitable service-Sum which vessel might have earned on hire not to be taken into account.
(1925) 21 Ll.L.Rep. 126
AKTIEBOLAGET NORDISKA LLOYD v. J. BROWNLIE & CO. (HULL), LTD.
Charter-party-Construction of cancelling clause-Whether notice of readiness to load of arrived ship necessary before option to cancel arises.
(1925) 21 Ll.L.Rep. 128
SOC. DU GAZ DE PARIS v. SOC. ANON. DE NAV. "LES ARMATEURS FRANCAIS" OF PARIS.
Conflict of laws-Forum non conveniens- French subject sued by another French subject in Sheriff Court of Dumbarton for failure to deliver goods (under a charter-party executed in France) at a French port-Subrogation of rights of nominal pursuers to British underwriters -Arrestment to found jurisdiction.
(1925) 21 Ll.L.Rep. 131
MATHIE v. THE ARGONAUT MARINE INSURANCE COMPANY, LTD.
Insurance (Marins)-Loss of cargo-Claim- Defences of non-disclosure of material fact (valuation including fright already insured) and over-insurance- Test as to whether over-valuation sufficient to change a business transaction into a merely speculative one.
(1925) 21 Ll.L.Rep. 145
THE "ZELO."
Apportionment among salvors, shipowners and cargo-owners of damages awarded for interference with salvage operations -Collision with sunken wreck.
(1925) 21 Ll.L.Rep. 147
THE "KELSOMEAD."
Collision damages-Objection to Registrar's report-Loss of time due to injury to thrust shaft-Whether injury caused by collision.
(1925) 21 Ll.L.Rep. 147
THE "ELECTRA."
Collision in North Sea in foggy weather- Disputed course-Excessive speed in fog-Both vessels to blame.
(1925) 21 Ll.L.Rep. 148
GENERAL ACCIDENT, FIRE & LIFE ASSURANCE CORPORATION, LTD. v. CAMPBELL.
Insurance of subscribers to newspaper-Re-insurance -Defence of misrepresentation and non-disclosure-Experience of reinsured company-Outstanding claims- Materiality - Waiver of disclosure - Election.
(1925) 21 Ll.L.Rep. 151
COMYN v. WOOLCOCK.
Pilotage-Interpleader issue-By-law made by pilotage authority taking for distribution among other Channel pilots percentage of fees earned by pilots chosen by certain shipping lines- Whether ultra vires.
(1925) 21 Ll.L.Rep. 159
RENNACID CASEIN, LTD. v. NELSON STEAM NAVIGATION COMPANY, LTD.
Bill of lading-Damage to perishable goods carried in deckhouse-Deckhouse not a watertight receptacle-Power reserved to shipowner in bill of lading to carry in deckhouses at master's option and shipper's risk.
(1925) 21 Ll.L.Rep. 162
LEWIS AND OTHERS v. CLAN LINE STEAMERS. SAME v. LAIRD LINE.
Negligence-Shipowner's contract to carry passengers - Steamships in collision - Negligence admitted - Ticket issued subject to special conditions of carriage -Reasonably sufficient notice of special conditions not given-Measure of damages (special expenses consequent on injuries; solatium for suffering and inconvenience; compensation for patrimonial loss).
(1925) 21 Ll.L.Rep. 165
ABRAM STEAMSHIP CO. (IN LIQUIDATION) AND ANOTHER v. ABRAM.
Company - Liquidation - Sale of ship to company by defender (a manager thereof) - Gratuitous alienation to the prejudice of company's creditors of part of price-Act XVIII. of 1621 (James VI.)-"Confident Person."
(1925) 21 Ll.L.Rep. 167
CLARK (or THOM) v. J. & P. HUTCHISON, LTD.
Life Claim-Collision-Compulsory pilotage -Alleged negligence of pilot-Merchant Shipping Act, 1894, Sect. 633 (now repealed)-Pilotage Act, 1913, Sect. 15- Defence of common employment.
(1925) 21 Ll.L.Rep. 169
ATTORNEY-GENERAL FOR NEW BRUNSWICK v. CANADIAN PACIFIC RAILWAY CO. AND ANOTHER (ATTORNEY-GENERAL FOR CANADA, INTERVENANT).
Obstruction of river (Canada) by building of bridge-Control of navigation; whether vested in Dominion of Canada or Province of New Brunswick.
(1925) 21 Ll.L.Rep. 171
UNITED STATES SHIPPING BOARD v. FRANK C. STRICK & CO., LTD.
Charter-party - Demurrage - Time from which lay days begin to run - Delay awaiting turn to load after notice of readiness given-"Cargo to be loaded subject to port regulations in regular turn . . . commencing when" . . . notice of readiness is given - Exception protecting charterers against obstructions in the docks-No docks at loading port (Delagoa Bay).
(1925) 21 Ll.L.Rep. 173
THE "CHEKIANG."
Collision damages-Objection to Registrar's report - Non-profit-earning vessel - Annual refitting of warship carried out at same time as collision repairs but earlier than usual-Apportionment of overhead charges.
(1925) 21 Ll.L.Rep. 179
SOCIETE ANONYME DES TABACS D'ORIENT ET D OUTRE MER v. ALLIANCE ASSURANCE COMPANY.
Insurance (Fire) - Application as to security for costs of appeal.
(1925) 21 Ll.L.Rep. 183
BYRON v. COMPAGNIE GENERALE TRANSATLANTIQUE.
Procedure-Security for costs-Whether plaintiff ordinarily resident out of the jurisdiction.
(1925) 21 Ll.L.Rep. 184
CANTIERE NAVALE TRIESTINA v. HANDELSVERTRETUNG DER RUSSE SOVIET REPUBLIK NAPHTHA EXPORT.
(1925) 21 Ll.L.Rep. 185
THE "LORD STRATHCONA."
Motion by interveners (charterers) for an order staying the sale of a mortgaged ship after judgment given declaring for the validity of mortgages - Whether actual notice of charter-party given to mortgages.
(1925) 21 Ll.L.Rep. 186
THE "LUNARIA."
Collision in River Mersey in patchy haze- Look-out-Disputed courses and signals -Faulty manoeuvres of defendant ship on wrong side of river-Anchors on defendant ship not available.
(1925) 21 Ll.L.Rep. 189
THE "ROSEDEN."
Collision between barge and overtaking steamship in River Thames-Faulty navigation of barge.
(1925) 21 Ll.L.Rep. 191
EDWARDS v. AMBATIELOS.
Claim for proceeds of sale of cargo of coal received by defendant to the use of plaintiff-Ownership-Proof of title.
(1925) 21 Ll.L.Rep. 192
SHANLY v. THE ALLIED TRADERS' INSURANCE COMPANY, LTD.
Insurance (Fire)-Loss of profits on cinema burnt down - Cinema formerly a theatre-Defence of mis-statement or concealment of material facts-Whether risk increased after issue of policy - Variety turns interposed between showing of films.
(1925) 21 Ll.L.Rep. 195
W. T. AKED & CO., LTD. v. WHEEL & WINGS ASSURANCE ASSOCIATION, LTD., & H. S. MOUNTAIN.
Insurance-Motor Car-Damage by fire- Insurable interest-Floating policy on cars bearing plaintiffs' trade numbers- Whether damaged car of higher value than cars covered by policy-Whether accessories included in insured value.
(1925) 21 Ll.L.Rep. 200
BANK OF IRELAND AND GERALD J. MACAURA v. NORTHERN ASSURANCE COMPANY, LTD. AND OTHERS.
Insurance (Fire)-Loss of timber-Insurable interest of sole or principal shareholder in company owning timber.
(1925) 21 Ll.L.Rep. 203
CANTIERE NAVALE TRIESTINA v. HANDELSVERTRETUNG DER RUSSE SOVIET REPUBLIK NAPHTHA EXPORT.
Charter-party - Demurrage - Notice of readiness given-Ship ordered away from Russian port immediately after giving notice of readiness to load-Exception as to Restraint of Princes: whether a mutual exception-Obligation upon charterers: whether absolute - Whether vessel a ready ship - Vis major-Illegality.
(1925) 21 Ll.L.Rep. 204
WYNDHAM RATHER, LTD., v. EAGLE, STAR & BRITISH DOMINIONS INSURANCE COMPANY, LTD.
Insurance-The slip-Slip issued insuring contents of premises against burglary, &c., subject to proposal form-Proposal form incorporating usual conditions of assuring company's policy-Arbitration clause in policy-Action on slip stayed because of submission to arbitration- Appeal dismissed.
(1925) 21 Ll.L.Rep. 214
M. SAMUEL & CO., LTD. v. MORRIS & OTHERS.
Contract-Guarantee policies subscribed by defendants - Loans by bankers on security of bills of exchange purporting to have been accepted by purchasers of motor cars on hire-purchase terms- Policies guaranteeing purchasers' bills- Privity of contract between underwriters and bankers-Whether bills sued upon purchasers' bills or accommodation bills-Estoppel.
(1925) 21 Ll.L.Rep. 215
THE "BALDERTON."
Salvage-Disabled steamer towed from near the Casquets into Cowes Roads.
(1925) 21 Ll.L.Rep. 217
THE "LORD STRATHCONA."
Mortgage of ship-Order of sale suspended - Validity of mortgages - Whether actual notice of charter-party given to mortgagees.
(1925) 21 Ll.L.Rep. 217
FARRUGIA & SONS v. WESTMINSTER BANK, LTD.
Sale of Ship-Whether contract completed -Authority of agent.
(1925) 21 Ll.L.Rep. 218
CROSSLEY v. ROAD TRANSPORT & GENERAL INSURANCE COMPANY.
Insurance (motor car)-Third party risk- Condition of policy that assured should see that car was at all times in proper working order - Whether brakes in proper working order - Estoppel, waiver or election.
(1925) 21 Ll.L.Rep. 219
MANCHESTER SHIP CANAL CO. v. CROWN.
Petition of right - Dock dues - Services rendered to Crown by dock company.
(1925) 21 Ll.L.Rep. 220
ITALIAN DELEGATION ON WHEAT SUPPLIES v. CERTAIN EXPORTING HOUSES.
Contract - Uncertainty - Sale of goods (grain) - Whether arbitration clause incorporated in contract of sale - Waiver.
(1925) 21 Ll.L.Rep. 222
STOKES v. CUNARD STEAMSHIP CO.
Bill of lading-Conversion by delivery to relative of bill of lading owner - Damage to goods carried.
(1925) 21 Ll.L.Rep. 224
THE ADMINISTRATRIX OF MARY MADGE VERELST v. THE MOTOR UNION INSURANCE COMPANY, LTD.
Insurance (motor car) - Policy covering death while travelling in another car- Assured killed in India while so travelling-Conditions of policy-Notice of claim to be given "as soon as possible" - Notice given by administratrix of deceased twelve months after accident: whether in time-Condition as to non-liability of insurers for accidents happening out of the United Kingdom in connection with use of car insured - Whether applicable to accidents happening in connection with another car.
(1925) 21 Ll.L.Rep. 227
IN RE SOVEREIGN SHIPPING CO.
Company-Shares-Motion to rectify register-Case settled.
(1925) 21 Ll.L.Rep. 230
IN RE ST. MARY STEAMSHIP CO.
Company-Motion for injunction restraining the holding of a meeting.
(1925) 21 Ll.L.Rep. 231
MICHALINOS & CO. v. LOUIS DREYFUS & CO.
Charter-party containing clause: "Detention by . . . ice from Braila down to Sulina . . . shall not count as lay-days" -Demurrage and detention-Whether detention in dock at Braila by ice after attempt to commence part loading for account of charterers or owners-Loading by alternative methods physically possible - Whether commercially possible-One of several ways of loading previously selected by charterers.
(1925) 21 Ll.L.Rep. 233
M. SAMUEL & CO., LTD. v. MORRIS & OTHERS.
Contract-Guarantee policies subscribed by defendants - Loans by bankers on security of bills of exchange purporting to have been accepted by purchasers of motor cars on hire-purchase terms- Policies guaranteeing purchasers' bills -Privity of contract between underwriters and bankes-Whether liability of underwriters dependent upon whether bills sued upon purchasers' bills or accommodation bills.
(1925) 21 Ll.L.Rep. 237
THE "BRETAGNE."
Ship - Mortgages, wages, disbursements, &c.-Priorities-Apportionment of proceeds of sale of ship.
(1925) 21 Ll.L.Rep. 248
THE "INDIA."
Collision off Tampico-Tug and steamship -Steamship aground - Tug about to take a tow rope ahead of steamship - Tug carried on to steamship by wind and swell.
(1925) 21 Ll.L.Rep. 249
THE "WEST HOBOMAC."
Foul berth-Steamship at anchor in River Thames in fog caused to collide with mooring buoy.
(1925) 21 Ll.L.Rep. 251
SALT AND OTHERS v. HARTLEPOOLS SEATONIA STEAMSHIP CO.
Seaman-Articles-Discharge before completion of voyage-Breach of contract- Release signed on payment of wages - Merchant Shipping Act, 1894, Sect. 36 (1) & (2)-Exception of specified claim under Merchant Shipping Act, 1906, Sect. 60, by signing Board of Trade Form "M"-Whether form signed contemporaneously with release.
(1925) 21 Ll.L.Rep. 254
FARRUGIA & SONS v. WESTMINSTER BANK, LTD.
Sale of ship-Whether contract completed- Authority of Agent.
(1925) 21 Ll.L.Rep. 257
BREWSTER AND ANOTHER v. BLACKMORE.
Insurance (Motor Car)-Loss by fire- Defence of alleged fraudulent destruction by agent of assured.
(1925) 21 Ll.L.Rep. 258
DEMETRIADES & CO. v. NORTHERN ASSURANCE CO.; DEMETRIADES v. SAME.
Marine insurance-Loss-Claim-Ship and cargo-Defence of fraudulent casting away of ship - Concealment (Greek interest in ownership).
(1925) 21 Ll.L.Rep. 265
SWIFT & CO. v. BOARD OF TRADE.
Emergency legislation-Requisition of food (imported bacon, ham and lard)-Compensation under Indemnity Act, 1920, Sect. 2 (1) (i)-Basis of award by arbitrator - Effect of Maximum Prices Order, 1919, No. 977, 1 (B) (i) (ii); Defence of Realm Regulations 2 B and 2 F-Requisition Order, 1919, No. 976- Whether interest to be awarded on compensation due.
(1925) 21 Ll.L.Rep. 270
VITRUVIA STEAMSHIP COMPANY 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.
(1925) 21 Ll.L.Rep. 280
EWART & SON, LTD., v. SUN INSURANCE OFFICE.
Fire insurance-Company's policy-Arbitration clause - "Indifferent person" - Arbitrator a small shareholder in company - Revocation of appointment of arbitrator.
(1925) 21 Ll.L.Rep. 282
MIGUEL DE LARRINAGA STEAMSHIP COMPANY, LTD. v. D. L. FLACK & SON.
Charter-party-Repudiation by charterer- Ship to load "in such dock as she might be ordered to"-Ship ordered to port without dock but provided with a pier -Ship delayed awaiting turn at pier- Stoppage clause-Partial stoppage by strike among railwaymen.
(1925) 21 Ll.L.Rep. 284
KOKUSAI KISEN KABUSHIKI KAISHA v. WM. H. MULLER & CO. (INC.).
Charter-party - Demurrage - Demurrage payable if detention due to default of charterer-Failure of charterer (due to circumstances beyond his control) to load contemplated cargo-Obligation of charterer to load other cargo.
(1925) 21 Ll.L.Rep. 290
THE "WILHELMINA" (NAAMLOOZE MAATSCHAPPIJ DE KOTTER AND OTHERS v. H.M. PROCURATOR-GENERAL).
Detention of Dutch trawler in Icelandic waters-Claim for damages for detention - Whether belligerent's right reasonably exercised-Foodstuffs (fish) and cod's livers - Whether destined ultimately for enemy market.
(1925) 21 Ll.L.Rep. 292
THE "SAGAPORACK" AND THE "HONTESTROOM."
Double collision in River Thames - Disputed courses.
(1925) 21 Ll.L.Rep. 297
THE "SAKALA."
Salvage-Ship towed from near the Outer Dowsing Light-vessel into the Humber.
(1925) 21 Ll.L.Rep. 300
ORIENT STEAM NAVIGATION COMPANY, LTD. v. THE CROWN.
Sale of goods-Victualling stores-Estoppel -Repudiation of claim for price six years after claim made - Shipowners allowed by Admiralty to believe contract made by Admiralty to pay for unconsumed stores if ship sunk - Admiralty estopped from pleading that there was no agreement.
(1925) 21 Ll.L.Rep. 301
CRAWFORD BROTHERS v. COMMISSIONERS OF NORTHERN LIGHTHOUSES.
Arbitration (Scotland) - Submission - Contract to carry out building works for Lighthouse Commissioners - Reference of disputes as to due execution of work to determination of Commissioners' engineer and of disputes arising after completion of work to another arbitrator -Work taken out of contractors' hands in consequence of a dispute - Whether dispute to be submitted to arbitration of Commissioners' engineer- Whether a suitable person.
(1925) 21 Ll.L.Rep. 305
ATTORNEY-GENERAL FOR NEW BRUNSWICK v. CANADIAN PACIFIC RAILWAY CO. AND ANOTHER (ATTORNEY-GENERAL FOR CANADA, INTERVENANT).
Obstruction of river (Canada) by building of bridge-Control of navigation: whether vested in Dominion of Canada or Province of New Brunswick.
(1925) 21 Ll.L.Rep. 308
THE "RUAPEHU."
Repairs to ship-Negligence-Care and skill - Outbreak of fire on ship under repair-Alleged improper use of naked lights and other negligences-Position of shipwrights as bailees-Onus.
(1925) 21 Ll.L.Rep. 310
THE "PORTGWARRA."
Negligence - Steamship proceeding out of dock into River Mersey-Collision with island at dock entrance-Whether due to negligent orders of dockmaster-Liability of dock authority.
(1925) 21 Ll.L.Rep. 319
THE "MARTHA HEMSOTH."
Collision in River Elbe-Sudden alteration of course: whether by plaintiff or defendant ship.
(1925) 21 Ll.L.Rep. 322
THE WITHAM OUTFALL BOARD v. THE MAYOR AND CORPORATION OF BOSTON.
Docks and harbours - Responsibility for damage done to banks of channel (River Witham) by ship.
(1925) 21 Ll.L.Rep. 325
ENGEL v. LANCASHIRE & GENERAL ASSURANCE COMPANY, LTD.
Insurance - Burglary - Policy containing provision for limitation of value of articles insured inapt to cover goods stolen from business premises - Goods covered for which assured responsible which held on trust or on commission- Loss - Meaning of "responsibility": whether general responsibility of bailee or bailee's liability to owners in respect of loss - Assured not negligent and therefore not liable in law to owners of goods-Insurance company held not to be liable for loss.
(1925) 21 Ll.L.Rep. 327
JOHNSON & PERROTT, LTD. v. HOLMES.
Insurance - Motor-car - Riots and civil commotions - Car taken by violence - Whether taken by Irish Republican Army acting under military authority or by lawless looters.
(1925) 21 Ll.L.Rep. 330
BANK OF IRELAND AND MACAURA v. NORTHERN ASSURANCE CO., LTD., AND OTHERS.
Insurance (Fire)-Loss of timber-Insurance interest of sole or principal shareholder in company owning timber.
(1925) 21 Ll.L.Rep. 333
BUERGER v. CUNARD STEAMSHIP COMPANY.
Bill of lading-Loss of goods-Goods shipped to Odessa-Odessa found to be closed to navigation-Bill of lading surrendered and goods sent on to other ports- Whether fresh bill of lading contract implied-Liability excepted in original bill of lading for packages exceeding £20 in value unless declared-Whether exception applicable to substituted contract.
(1925) 21 Ll.L.Rep. 337
THE "VILLE DE NANTES" AND THE "ECLIPSE."
Collision between dumb barge in tow and steamship in River Thames-Whether due to negligent navigation of tug- Measure of damage - Penetration of barge by steamship's anchor-Whether due to original negligent navigation causing collision or to steamer carrying anchor in position prohibited by Thames By-law No. 50.
(1925) 21 Ll.L.Rep. 338
THE "EL OSO."
Practice - Preliminary acts in "third-party" collision cases-Whether obligatory -R.S.C. Order 19, r. 28-Discretion of Court.
(1925) 21 Ll.L.Rep. 340
THE "AZALEA" AND THE "RIGHTO."
Negligent Navigation-Collision of trawler with pile and gantry owned by contractors carrying out work in dock- Whether due to negligent navigation of second trawler.
(1925) 21 Ll.L.Rep. 343
RICHARDSON v. ARMY, NAVY AND GENERAL ASSURANCE ASSOCIATION, LTD.
Enforcement of foreign judgment-Insurance of motor-car-Judgment given in Irish Court in default of appearance by defendants - Motion previously moved by defendants to set aside writ on grounds of want of jurisdiction and of incorporation of arbitration clause in policy-Whether a submission to Irish jurisdiction-Whether decision of Irish Court contrary to natural justice.
(1925) 21 Ll.L.Rep. 345
ARGONAUT MARINE INSURANCE COMPANY, LTD., AND IMPORTERS' AND EXPORTERS' MARINE INSURANCE COMPANY, LTD. v. DONALD CAMPBELL & CO., LTD., AND OTHERS.
Arbitration-Jurisdiction-Double insurance -Award as to liability of first-cover underwriters to assured held to be covered by submission - Jurisdiction to make award as to liability of first-cover underwriters to second - cover underwriters being joint and several held to be covered by Marine Insurance Act, Sect. 80 (1).
(1925) 21 Ll.L.Rep. 349
GLICKSMAN v. LANCASHIRE & GENERAL ASSURANCE COMPANY, LTD.
Insurance- Burglary- Claim- Defence of misrepresentation and concealment - Construction of question put to assured in proposal form and answer thereto- Proposal made in name of partnership firm-Whether question therein addressed to firm as to previous history of firm or of individual partners.
(1925) 21 Ll.L.Rep. 352
"ALADDIN" v. DET FORENEDE KULIMPORTORER AKTIESELSKAB.
Charter-party-Demurrage-Cargo of coal- Ship to be stemmed with specific collieries-Exception from loading time -"Pay Saturdays" at collieries "not to be counted unless used" - Ship stemmed to load coal from two collieries -Saturday in loading time "pay Saturday" at one colliery but not at the other.
(1925) 21 Ll.L.Rep. 355
CARLILE STEAMSHIP CO. v. SIMPSON, SPENCE & YOUNG.
Brokers - Shipbroker - Contract to place vessel upon berth to load cargo-Loading broker recommended to shipowner by shipbroker - Loading broker fully occupied in obtaining cargo for another ship on behalf of same shipbroker - Shipbroker's duty to disclose facts to shipowner-Measure of damages: actual loss on voyage - Loss of prospective profit not a proper ground of damage.
(1925) 21 Ll.L.Rep. 356
THE "SAGAPORACK" AND THE "HONTESTROOM."
Double collision in River Thames-Disputed courses, speeds and position of casualty.
(1925) 21 Ll.L.Rep. 359
THE "KURLAND."
Collision in River Thames - Turning manoeuvres of defendant ship-Turning signal-Place of turning-Look-out.
(1925) 21 Ll.L.Rep. 363
MANCHESTER SHIP CANAL CO. v. CROWN.
Petition of right-Dock dues-Services rendered to Crown during war by dock company - Agreement that company should be paid cost of labour &c. (plus a percentage) for dealing with goods on quayside - Whether term introduced into contract by implication to make deductions for labour employed in terminal railway services said to have been paid for in railway rates charged for conveyance of goods to dock.
(1925) 21 Ll.L.Rep. 365
CONTROLLER OF THE CLEARING OFFICE v. WEIR & CO.
Emergency legislation - Enemy debts - English buyer debtor and German seller creditor-Payment for goods shipped- Goods delivered ex ship and dealt with by buyer but documents of title not taken up because of outbreak of war- Principal debt admitted but payment of interest disputed-Whether interest due-Decision of Joint Clearing Offices made under Treaty of Versailles, Art. 296: whether enforceable in absence of appeal to Mixed Arbitral Tribunal.
(1925) 21 Ll.L.Rep. 371
MERSEY SHIPPING & TRANSPORT COMPANY, LTD. v. REA, LTD.
Bill of lading-Risks overside delivery "Delivery overside, if convenient, at consignee's sloe risk of loss, damage or injury to goods, craft or men" - Damage to barge - Negligence of "master lumper"- Custom of the port (Liverpool).
(1925) 21 Ll.L.Rep. 375
TRANSPORT & TRADING COMPANY, LTD. (IN LIQUIDATION), v. OLIVIER & CO., LTD.
Brokers-Insurance broker-Breach of contract to insure ship against particular average loss-Set-off.
(1925) 21 Ll.L.Rep. 379
AKTIES LABOREMUS v. STEAUA FRANCAISE.
Charter-party - Demurrage - Readiness to load-"Arrived ship"-Cargo of benzine spirit-Vessel in harbour but not in petroleum basin (Constantza)-Notice of readiness: whether given to charterer's agent - Waiver - Whether notice of readiness must be signed by captain- Arbitration-Award remitted for further findings.
(1925) 21 Ll.L.Rep. 381
IN RE MOXON.
Unemployment Insurance Act, 1920-Skipper of keel plying on River Humper - Profits shared between owner and skipper-Whether skipper an employed person.
(1925) 21 Ll.L.Rep. 383
BEATON v. AKTIES. GANGER ROLF.
Bill of lading-Delivery of goods without production of bill of lading-Failure to prove loss sustained thereby.
(1925) 21 Ll.L.Rep. 385
M'LEAN AND OTHERS v. M'KIE & BAXTER.
Contract-Alleged gift to employees of shipwrights of immediate interest in private partnership - Action dismissed as irrelevant.
(1925) 21 Ll.L.Rep. 386
REAVIS v. CLAN LINE STEAMERS AND ANOTHER.
Collision - Assessment of damages - Personal injuries-Loss of effects-Loss by proprietor of orchestra of profits and prospective profits on account of loss of lives of members of orchestra.
(1925) 21 Ll.L.Rep. 388
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