Sale of goods c.i.f.-Tender of documents-Bill of lading to be dated December and/or January-Bill of lading dated January but claused to give ship liberty to deliver goods shipped in February as well as goods shipped in January-Cargo to be delivered to buyers likely to be part of February shipment-Marginal clauses in bill of lading incorporating provisions of charter-party inconsistent with and repugnant to sale contract-Bill of lading held to be bad tender.
Insurance brokers-Claim by insurance company in liquidation against brokers for premiums - Agreement as to rate of exchange applicable to premiums on and claims under American policies- Set-off as to claims paid to American assured under agreement.
Collision between sailing-barges in River Thames-Finding by Judge sitting alone of both to blame on ground (1) that plaintiff barge had collided in daylight with barge at anchor, (2) that defendant barge could have avoided collision by sheering-Appeal by defendants allowed-No distinct evidence of any such obligation upon defendants-Nautical skill.
Salvage - Services rendered to steamship disabled in consequence of sickness of majority of crew-Vessel picked up, manned and towed to Dakar-Peril of unknown sickness-Sum awarded in respect of a meritorious service rendered with dispatch, ability and success.
Negligent navigation-Damage by anchor to electric cables in Swansea Docks - Allegation of contributory negligence-Whether duty of dock authorities (plaintiffs) to warn pilot in charge of vessel - Harbour Docks and Piers Clauses Act, 1847, Sect. 74.
Charter-party - Demurrage - Loading to proceed at an average rate per day- Lighterage - Time for putting cargo into lighters held not to be included in the time allowed for loading-Custom of the port (Galatz) as to loading held to be unreasonable-Readiness to load -Erection of shifting boards.
Sale of goods (wheat)-"Shipment . . . from Australian port . . . February, 1925," per sailing vessel-Repudiation by buyers on around that ship could not arrive in time-Arbitration-Award in favour of sellers reversed by Appeal Tribunal - Evidence not tendered by sellers before Appeal Tribunal through misunderstanding-Application to remit award dismissed-Discretion of Court.
Arbitration - Award - Contract (1) for removal of obstructions in river, (2) for towage work - Motion to set aside award in respect of (1) that certain allowance to appellants was made without evidence; in respect of (2) that payment into Court was of larger sum than that awarded-Contention of legal misconduct -Award remitted to arbitrator for further consideration.
Salvage-Ship aground off Quoy Ness- Services alleged to have been rendered by local fishermen-Claim found to be exaggerated and to a very material extent without foundation-Small sum awarded without costs.
Docks and harbours - Trustees - Powers -Removal of goods from "transit sheds" - Repeal of former statutes by Act of 1913-Sect. 47d.: "All existing by-laws rules regulations orders and licences in execution of or in relation to any of the Acts or orders repealed as aforesaid shall continue in force until repealed . . ."-Provisions of schedule to repealed Act held not to be regulations in relation to that Act and therefore also to have been repealed-Greenock Harbour Act, 1872, Schedule D.
Charter-party - Construction - "Captain shall prosecute his voyages with the utmost dispatch"-Owners not liable in respect of loss arising through the "negligence, default or error in judgment of the . . . master . . . in the management or navigation of the steamer" - Finding by arbitrator of failure of captain to prosecute voyage with utmost dispatch-Further finding that captain was guilty of slackness not amounting to negligence in management or navigation-Effect of clause excepting negligence, &c., of master.
Revenue-Corporation Profits Tax-Finance Act, 1920, Sects. 52 (2) (a), 53 (2) (h)- "Profits shall include in the case of mutual trading concerns the surplus arising from transactions with members" -Insurance club - Whether trading for purposes of gain.
Practice - Jurisdiction - Construction - Application to assign to King's Bench Division action commenced in Admiralty Division - Overlapping jurisdictions - Discretion of Court - Leave to appeal granted.
Negligence - Damage to moored barge - Defendant barge moored on sloping mud bank on inside of plaintiff barge-Slipping of defendant barge forcing plaintiff barge against another vessel-Defendant barge held to have been improperly moored-Want of proper and reasonable care.
Charter-party - Freight - "Gencon" charter - Charter-party not amounting to a demise-Sugar shipped from Hamburg to King's Lynn and/or Boston- Bills of lading issued by charterer signed on ship's behalf-Freights collected by agents of both owner and charterer held to have been collected on behalf of owner-Quantum - Steamer "carrying about 500 tons of deadweight cargo" - Meaning of "about" - Short delivery - Set-off - Right to sue.
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.
Revenue - Income Tax - Assessment - Income Tax Act, 1918, Schedule E-"Salaries, fees, wages, perquisites or profits" -Salary paid free of tax-Tax paid on behalf of appellant but not at his request, by employer-Continuity in payment-Amount paid by company held to be an emolument and therefore taxable under Schedule. E.
Practice-Jurisdiction-Construction-Application to assign to King's Bench Division action commenced in Admiralty Division - Jurisdiction of Admiralty Division - Extent - No discretion of Admiralty Judge to retain a case outside the jurisdiction of the Admiralty Division - Supreme Court of Judicature (Consolidation) Act, 1925, Sects. 22, 58, 59.
Negligent navigation-Damage by anchor to electric cables in Swansea Docks- Action brought by dockowners-Liability under Harbours, Docks and Piers Clauses Act, 1847, Sect. 74-Finding of inevitable accident - Common law damages-Injuria cum damno. (Continued from p. 25.)
General average-Claim by owners against charterers for expenses-Damage to vessel by buoy-Intention to beach vessel - Involuntary drift on to rocks due to miscalculation-Whether an intentional stranding-Whether effected voluntarily or reasonably or for the common safety-Allegation of negligence -Value of vessel at abandonment -York-Antwerp Rules, 1924, Rule 5- Marine Insurance Act, 1906, Sect. 66 (2) -Judgment, except as to value, for plaintiffs.
Rectification of instrument-Charter-party -Claim by owners against charterers- Agreement to provide space in ship - Subsequent agreement as to further space-Dispute-Whether an option on part of charterers to use further available space-Claim allowed.
Charter-party-Repudiation by charterer- Claim by owner for damages for detention - Misrepresentation-Vessel erroneously classed as "British Corporation" by defendant's clerk-Waiver by charterer-Judgment for owner.
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.
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 Ray).
Sale of ship-Passing of property-Contract by company to build ship-"From and after payment of the first instalment . . . the vessel and all materials and things appropriated for her shall thenceforth . . . become . . . absolute property of the purchasers"-Ship partially constructed - Company in liquidation and erection abandoned- Property in loose materials held to be vested in company and not to have passed to purchasers - Meaning of "appropriated."
Procedure-Preliminary acts - Third-party collision - Application by first defendants, that second defendants should file preliminary acts, granted by Registrar-Order 19, r. 28-Want of mutuality-Order revoked.
Freight - Dead freight - Non-shipment of agreed quantity of cargo (manganese ore)-Defences: (1) mutual cancellation of obligation to ship full quantity; (2) deviation; (3) no substantial damages suffered-Finding: as to (1) no evidence of defendants' contention; as to (2) anticipatory breach by defendants; as to (3) defendants' contention upheld- Judgment for plaintiffs for nominal damages-No costs awarded.
Negligence-Damage to ship during repairs -Explosion due to use of chemical compound -Action brought by owners against ship repairers and against manufacturers of compound-Whether compound dangerous per se-Duty of manufacturers - Judgment for owners against manufacturers.
Bill of lading - Delivery of goods (coal) without production of bill of lading- Claim by owners of coal against ship- "Amicable arrangement" by foreign agent of owners-Ratification-Failure to prove loss sustained thereby.
Collision in Bay of Gibraltar-Vessels at anchor - Defendant vessel's anchor fouled by third vessel, defendant vessel being dragged into collision with plaintiff vessel-Allegations of negligence- Whether collision a necessary consequence of fouling of anchor.
Charter-party-Freight-Carriage of full and complete cargo of wheat and/or maize and/or rye-"Charterers have the option of shipping other lawful merchandise . . . in which case freight to be paid on steamer's deadweight capacity for wheat in bags"-Construction -Shrinkage of cargo.
Insurance (theft)-Loss of postage stamps -Claim - Value-admitted policy - Defence of over-insurance and fraud- Cumulative effect of numerous improbabilities -Expert evidence- Judgment for defendants. (Continued from p. 169.)
Negligence - Damage to barge at public wharf-Uneven berth-Tolls paid "not exceeding the following tolls (including wharfage charges)" - Duty of public authority towards users - Licensees - Duty to warn.
Negligence-Damage to quay by vessel- Counterclaim for damage to vessel- Cross allegations of negligence - Orders of harbour-master-Finding by Sheriff-substitute-Proof before answer -Discretion properly exercised.
Charter-party-Breach-Executory contract - Failure to take up vessel - Vessel requisitioned by Government-Frustration -Option to cancel not exercised- Provision referring disputes to arbitration -Award-Jurisdiction of arbitrator -Effect of frustration-Arbitrator held to have acted without jurisdiction.
Collision between barge and steamship E at Liverpool-Barge sunk, raised by Dock Board and beached-Unlighted- Subsequent crushing of barge by another steamer-Negligence of E and of Dock Board admitted-Payment into Court by E-Reference to Registrar to assess damages due from Dock Board- Quantum-Property in barge-Treatment by Registrar as joint tort-Objection to Report upheld.
Charter-party-Damage to cargo (wheat) by sea water-Arbitration-Award in favour of charterers-Special case- Latent defect in valve- Clause excepting liability of shipowners for damage due to latent defect in machinery- Valve held not to be machinery- Question of fact-Appeal dismissed.
Workmen's Compensation Acts-Injury to ship's engineer by accident-Weekly payments - Finding by arbitrator of permanent incapacity - Meaning of incapable - Claim by employers for redemption dismissed-Claim by workman for increase under Workmen's Compensation (War Additions) Acts, 1917 and 1919, allowed - Automatic additions.
Charter-party - Freight - "Centrocon" charter-party - Carriage of full and complete cargo of wheat and/or maize and/or rye - (6) "Charterers have the option of shipping other lawful merchandise . . . in which case freight to be paid on steamer's deadweight capacity for wheat in bags . . . at the rate above agreed on for heavy grain . . ."-Vessel completely loaded partly with contemplated cargo and partly with optional cargo - Construction - Whether freight calculated on loaded weight or on out-turn weight. (Continued from p. 184)
Banking-Confirmed credit granted at defendants' (buyers') request-Claim by bank (plaintiffs) for indemnity-Sale of goods-Fraud of third party (seller) in Batavia-Term of credit that there should be a Dutch Government certificate as to quality "to be issued by experts who are sworn brokers, signed by the Chamber of Commerce" - Instructions issued through channel selected by defendants - Decoding of cable message - Code word denoting singular or plural - Ambiguity - Meaning of "Chamber of Commerce" - Judgment for bank.
Harbours-Removal of wreck by authority (River Clyde)-Steamship sunk in fairway after collision with steamship M.- Admitted liability of M.-Expenses incurred by authority in removal - Remedies in rem and in personam against innocent owner-Effect of Clyde Navigation Act, 1899, Sect. 49 - Quantum.
Collision between steamships in River Clyde - Liability of defendant steamship admitted-Damages claimed held to be excessive - Contributory negligence on part of plaintiff steamship-Novus actus interveniens.
Charter-party-Damages for detention- Port of call for orders-Charterers to give notice of discharge port within 24 hours of receiving cable from master -Failure to give orders-Ship deliberately delayed-Measure of damages- Whether owners entitled to agreed rate of damage for detention or to damages at large-Commission clause- Whether charterers entitled to commission on damages awarded.
Sale of goods c.i.f. (pit props)-Rejection by buyers-Contract containing stipulation that discharge of cargo should be "at 5s. 6d. per standard at the cranes"-Construction-Notification by sellers that crane discharge could not be guaranteed-
Collision in North Sea between steamships during fog-Crossing courses-Liability of plaintiffs for not stopping; of defendants for alteration of course and speed -Apportionment of blame: one-fourth; three-fourths-Special order as to costs.
Collision between steamship in River Medway - Narrow channel - Plaintiff vessel found to blame for not reversing soon enough; defendant vessel for wrong helm action and for not reversing -Apportionment of blame: one-third; two-thirds-Special order as to costs.
Collision between trawler and steamship in River Tees - Trawler moving from wharf-Improper action (1) in attempting to cross highway with defendant vessel at close quarters, (2) in sounding misleading signal-Judgment for defendants.
Revenue-Excess Profits Duty-Assessment -"Where any company, either in its own name or that of a nominee, owns the whole of the ordinary capital of any other company . . ." - Company A owning all ordinary but not preference shares of B company, B company owning all shares of C company-Whether C company a nominee of A company.
Interpleader issue-Sale of goods (wheat) to X-Goods in bulk in custody of dock authority-Goods pledged by X to bank -Ascertained goods-Ascertainment by exhaustion-Passing of property-Sale of Goods Act, 1893, Sect. 16.
Charter-party - Unseaworthiness - Loss of cargo through vessel stranding-Allegations by plaintiffs: master (1) incompetent, (2) guilty of unnecessary deviation -Clause excepting liability for errors in judgment of master-Incompetence held not to be such as to constitute unseaworthiness-Essence of deviation-
Collision in River Clyde - Dispute as to which was the overtaken vessel-Steamships abreast for a mile and a half- Collision due to suction-Collision Regulations, Art. 24-Both held to blame- Apportionment: one-third; two-thirds.
Collision in Bay of Gibraltar-Vessels at anchor - Defendant vessel's anchor fouled by third vessel, defendant vessel being dragged into collision with plaintiff vessel-Allegations of negligence- Lights - Burden of proof - Finding of no negligence on part of defendant ship-Appeal allowed. (Continued from page 182.)
Charter-party-Demurrage-"Detention by . . . ice . . . shall not count as lay days"-Methods of loading-Option of charterers to load in a certain way found to have been rightly exercised- Prevention by ice-Exception clause held to apply-Judgment for charterers.
Collision between barges, in tow of tug, and steamship in Limehouse Reach, tug and tow having just left dock entrance- Collision due to high speed and lack of reasonable care on part of defendant steamship-No contributory negligence on part of plaintiffs - Judgment for plaintiffs.
Charter-party-Detention-Failure of charterers to load cargo-". . . in the case of . . . prohibition of export of grain and seed from the loading port this contract shall be null and void . . ."-Alleged prohibition of export by Roumanian Government-Finding by umpire of a partial prohibition-Frustration-Award in favour of owners upheld.
Charter-party - Demurrage - Waiting for orders - "To be given by the charterers' agents within 24 hours after receipt by them of notice of arrival (Sundays and holidays excepted) . . ." -Notice of arrival received on Saturday - Construction - Part of a day - Whether entitled pro rata or to a whole day.
Revenue-Income Tax-Agent for foreign shipowner - Meaning of "agent" - Whether in receipt of profits or gains taxed-Trading-Bills of lading signed by master-Income Tax Act, 1842, Sect. 41-Finance (No. 2) Act, 1915, Sect. 31.
Sale of ship - Conditions - Inspection by buyers before delivery-Delivery within reasonable time - Deposit - Dispute - Arbitration - Award in favour of purchaser -Application to set aside award as bad in law on the face of it dismissed -
Charter-party - Demurrage - Ship to be loaded and discharged with customary steamship dispatch - Construction - Meaning of "customary"-Custom of the port (Kemi) as to loading found to be unreasonable-Shortage of labour at loading port-Finding that charterers acted with due diligence -Judgment for charterers.
Bill of lading - Short delivery - Exception clause protecting carriers-Provisions of the Carriage of Goods by Sea Act, 1924, incorporated in bill of lading-"If . . . any term of this bill of lading is repugnant to or inconsistent with anything in such Act or schedule, it shall be void" -Exception clause held not to apply- Judgment for plaintiffs.
Revenue-Income Tax-Agents for foreign principals-Exercise of trade within the United Kingdom-Assessment-"Double foreigner" transactions and transactions between principals and British Government through medium of agent- Income Tax Act, 1842, Sect. 41-Finance (No. 2) Act, 1915, Sect. 31 (7).
Collision in Vancouver Harbour between American and Norwegian steamships- Action brought in Canadian Court- Appeal to Judicial Committee-"Local appeal"-Colonial Courts of Admiralty Act, 1890, Sect. 15-Special leave to appeal granted as a matter of convenience.
Marine insurance-Loss of celluloid-Claim- Defence of concealment of material facts-Sea water damage on previous voyage in slow ship built for lake traffic-Duty to disclose abnormal circumstances to underwriter - Waiver - Extent of underwriter's duty to inquire into circumstances surrounding risk- Judgment for insurers - Appeal dismissed.
Collision between sailing barge and steamship in River Thames in dense fog- Barge becalmed - Indication given to steamship - Steamship found alone to blame for not reducing her way by reversing-Appeal dismissed.
Overtaking collision in Indio Channel, River Plate-Cross-allegations of negligent navigation-Ships abreast for considerable time-Finding of both to blame - Appeal - Plaintiff vessel found alone to blame.
Collision between steamship and steam barge in River Thames-Vessels in process of passing under Waterloo Bridge-Misleading signal of defendant barge- Alleged non-compliance by plaintiff steamship with Thames By-laws- Special circumstances making necessary a departure from the rules.
Negligent navigation - Damage to steamship in Greenland Dock, London-Propeller fouled by first defendants' barge -Negligent manoeuvres by second defendant's barge in dock-Judgment for plaintiffs against second defendants.
Contract - Breach - Agreement between fruit brokers and fruit importing company A that brokers (plaintiffs) should receive consignments to company (defendants); proceeds to go in reduction of advances made to company B- Companies A and B in close relationship -Title to bills of lading-Agreement alleged to have been made by company's directors without authority - Judgment for plaintiffs.
Principal and agent-Charter-party-Claim against agents for demurrage-Signature: "For the Atlantic Baltic Company, of Copenhagen, J. B. Jamieson, of the Kimber Coal Company" - Liability of J. B. J. accepted by the Kimber Coal Company (agents)-Agents held not to be personally liable - "Freight and demurrage . . . to be paid in Glasgow by the Kimber Coal Company"-Effect-
Emergency legislation-Requisition of food (imported hog products) under orders issued pursuant to the Defence of the Realm Regulation - Compensation - Regulations 2 B and 2 F - Whether regulation 2 B to be taken into account in assessing compensation for requisition under 2 F-Costs-Power of arbitrator to award costs against Crown.
Insurance (jewellery) - Loss - Claim - Jewellery obtained by fraudulent third person-Larceny by a trick-Exception clause: "Loss by theft or dishonesty committed by . . . any customer . . . in respect of goods entrusted to" (her) -Whether goods "entrusted" within the meaning of the policy-Construction of business document - Judgment for insurers.
Collision between hopper barge and tug in entrance channel to Swansea Harbour -Hopper barge at anchor-Inefficient anchor light - Failure of plaintiffs to discharge onus of proof-Judgment for defendants.
Negligence-Damage to ship-Outbreak of fire in dry dock-Ship-repairers held to blame-Right of repairers, as owners of dry dock, to limit their liability- Merchant Shipping Art, 1909, Sect. 2, held not to apply.
Docks, Harbours, &c.-Loading of steamer using docks-Alleged breach of statutory and/or contractual duty of defendant dockowners to load steamer within a reasonable time, and to provide labour therefor-Strike by dock-workers, owing to various ship-workers being non-union men, found to be a circumstance over which defendants had no control-Proposal by plaintiffs to introduce outside labour found to have been rightly rejected by defendants - Harbours, Docks and Piers Clauses Act, 1847, Sects. 21, 22, 33.
Negligence-Damage to ship during repairs -Explosion due to use of chemical compound - Action brought by owners against ship - repairers and against manufacturers of compound - Judgment for owners against manufacturers -Measure of damages.