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LEK v. MATHEWS.
Practice-Appeal-Costs-Application for further security refused.
(1926) 25 Ll L Rep 1
IN RE STEAMSHIP "FREDERIK VIII." AND OTHER VESSELS.
(1926) 25 Ll L Rep 2
THE "BROCKLEY" AND OTHERS.
Collision-Series of collisions in Thames Estuary-First plaintiffs' vessel alleged to have been sunk while at anchor by defendant vessels-Second plaintiffs' vessel sunk by collision with sunken wreck of first plaintiffs' vessel -Cross-allegations of negligent navigation.
(1926) 25 Ll L Rep 3
IN RE STEAMSHIP "KASMI" AND OTHER VESSELS.
(1926) 25 Ll L Rep 3
THE "LUISE HEMSOTH."
Ship's necessaries-Master and crew-Wages and disbursements-Non-appearance of owners-Intervention by mortgagees- Judgment for master and crew- Priorities reserved.
(1926) 25 Ll L Rep 13
THE "MATHILDA."
Collision between steamships off Flamborough Head-Crossing ships-Liability of defendant vessel for not giving way; of plaintiff vessel for taking helm action without engine action-Apportionment: one-quarter; three-quarters.
(1926) 25 Ll L Rep 14
THE "SWIFT."
Collision between lighter and steamship in Lower Pool, River Thames-Lighter in tow of tug-Negligence of plaintiff lighter in making turning movement across bows of steamship under way- Judgment for steamship.
(1926) 25 Ll L Rep 17
THE "MAINDY TOWER."
Salvage-Services rendered to disabled steamship in Bay of Biscay-Tender of £500-Danger of collision and serious risk to valuable property of plaintiffs- £900 awarded.
(1926) 25 Ll L Rep 19
SIR ROBERT McALPINE & SONS v. FINNIS & CO.
Contract-Indemnity-Agreement by defendants (inter alia) to engage crew for tug for transport to Crets-Loss of tug-Claim against plaintiffs under Workmen's Compensation Act allowed- Alleged agreement by defendants to accept liability for accidents to crew and to indemnify plaintiffs against such claims-Judgment for plaintiffs-Costs awarded on High Court scale.
(1926) 25 Ll L Rep 24
RINDBY v. BREWIS. SAME v. COOK.
Compulsory pilotage-Failure by steamship to take up pilot in compulsory pilotage district-Conviction by magistrates- Alleged omission by pilot cutter to signal-Question of fact-Duty of steamship: (1) to take reasonable steps to look out for pilot, (2) to facilitate boarding of steamship by pilot-Pilotage Act, 1913, Sects. 11 (2), 44.
(1926) 25 Ll L Rep 26
KARINJEE JIVANJEE & CO. v. WILLIAM F. MALCOLM & CO.
Sale of goods (sisal, c.i.f.)-Construction of contract-"Should goods or any portion thereof not arrive from loss of vessel or other unavoidable cause, this contract to be void"-Freight payable at destination -Loss of goods by fire during transit-Claim by sellers for excess of insured value over invoice value-Passing of property on taking up documents -Judgment for buyers.
(1926) 25 Ll L Rep 28
AKTIESELSKABET REIDAR v. ARCOS, LTD.
Charter-party-Dead freight-Wood charter -Construction-Full summer deckload contemplated-Ship delayed on previous voyage by strike-Failure to load at agreed rate-Loading of ship delayed-Demurrage clause-Winter deckload carried-Failure to load a full and complete cargo.
(1926) 25 Ll L Rep 30
SHEPPEY GLUE & CHEMICAL WORKS, LTD. v. CONSERVATORS OF THE RIVER MEDWAY.
Docks, Rivers, &c. - Wreck - Raising and removal by Medway Conservators - Expense - Abandonment of wreck - Ownership of barge when expenses incurred - Notice of abandonment- Medway Conservancy Act, 1881.
(1926) 25 Ll L Rep 32
THE "LLANELLY."
Collision in dock at Liverpool between steam barge and steamer after sudden opening of dock gates-Seamanship-Opinions of nautical assessors.
(1926) 25 Ll L Rep 37
IN RE KENT COAL CONCESSIONS, LTD., AND OTHER COMPANIES.
(1926) 25 Ll L Rep 40
THE "FEDERAL."
Collision between steamships in River Scheldt-Both found to blame for wrong helm action-Look-out-Apportionment: one-third; two-thirds-Special order as to costs.
(1926) 25 Ll L Rep 41
THE "CLAN MACKAY."
Salvage-Services rendered by salvage tugs to steamer on fire in Tilbury Dock- Ship saved by scuttling-Contribution by tugs to sinking-Risks of salvors.
(1926) 25 Ll L Rep 45
THE "AGIA MARINA."
Collision between steamships in English Channel during fog-Liability of plaintiffs for not stopping engines on hearing whistle signal-Unsatisfactory evidence of defendants-Apportionment: one-quarter; three-quarters-Special order as to costs.
(1926) 25 Ll L Rep 52
THE "C. F. LILJEVALCH."
Salvage-Services rendered by tugs to steamship ashore off Port Talbot-Towage or salvage-Vessel in great danger-Substantial sum awarded for salvage.
(1926) 25 Ll L Rep 57
THE "BRITISH MARSHAL."
Overtaking collision between drifter and steamship at mouth of River Humber -Look-out-Alleged absence of stern light on plaintiff vessel-Onus of proof- Judgment for plaintiffs.
(1926) 25 Ll L Rep 60
OWNERS OF "PANAGHIS VERGOTTIS" v. WM. CORY & SON.
Charter-party-Damages for detention- Ship ordered to Barry-Congestion of port-Failure by charterers to comply with dock authorities' requirements- Turn lost-Implied term of charter-party -Duty of charterers to do whatever reasonable to enable ship to "arrive"-Judgment for shipowners.
(1926) 25 Ll L Rep 64
THE "HANS HEMSOTH."
Ships' necessaries-Judgment for third and fourth mortgagees in default of appearance -Priorities reserved.
(1926) 25 Ll L Rep 64
GREGORIADES AND OTHERS v. IMPERIAL OTTOMAN BANK.
Insurance (fire)-Loss of goods pledged to defendant bank-Alleged agreement by pledgees to insure pledgors' goods-Payment by underwriters-Claim by plaintiffs for account-Onus of proof-Estoppel -Judgment for bank.
(1926) 25 Ll L Rep 68
UNITED STATES SHIPPING BOARD v. STRICK & CO., LTD.
Charter-party-Demurrage-"Cargo to be loaded subject to port regulations in regular turn as customary at the rate of 1000 tons per day . . . . commencing when . . . ." notice of readiness is given - Construction - Time from which lay days begin to run-Delay awaiting turn to load after notice of readiness given - Conditions for the commencement of lay days.
(1926) 25 Ll L Rep 73
BEATTIE, CHILD & CO., LTD., AND W. B. BEATTIE v. GLOBE & RUTGERS INSURANCE CO. BEATTIE, CHILD & CO., LTD. v. CANADA NATIONAL FIRE INSURANCE CO., LTD.
Insurance broker or underwriting agent- Commission-Construction of agreement by insurers to pay commission to broker or agent-Whether commission due on business placed (by assured introduced by broker or agent before termination of agreement) with insurers after termination of agreement.
(1926) 25 Ll L Rep 87
EQUITABLE TRUST COMPANY OF NEW YORK v. DAWSON PARTNERS, LTD.
Banking-Confirmed credit granted at defendants' (buyers') request-Claim by issuing 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 "correspondent" bank nominated by defendants and adopted by issuing bank- Relationship between customer and "correspondent" bank-Decoding of cable message-Code word denoting singular or plural-Ambiguity-Meaning of "Chamber of Commerce"- Judgment for defendants (buyers).
(1926) 25 Ll L Rep 90
THE "ANNA KAYSER."
(1926) 25 Ll L Rep 97
THE "PARANA."
(1926) 25 Ll L Rep 98
EIGTVED & CO. v. NATIONAL BANK OF SCOTLAND.
Sale of goods (salmon c.i.f.)-Confirmed credit opened with defendant (issuing) bank-Payment authorised by plaintiffs (buyers) on Liverpool bills of lading- Breach of duty of "correspondent" bank in accepting London bills of lading -Liability of issuing bank-Waiver- Ratification-Judgment for buyers.
(1926) 25 Ll L Rep 99
NAPIER v. DEXTERS, LTD.
Sale of goods (sweet fat)-Rejection by buyers-"Export delivery during October, 1925, f.o.b. London steamer" -Non-receipt of shipping instructions until Oct. 28-Departure of ship before end of October-Failure to ship full quantity-Estoppel-Finding in favour of seller.
(1926) 25 Ll L Rep 109
LONDON STEAMSHIP & TRADING CORPORATION, LTD. v. RUSSIAN VOLUNTEER FLEET.
Ship-Management by steamship company of ships belonging to foreign corporation -Liabilities of managing company -Claim for moneys expended and for indemnity allowed-Appeal- Security for costs.
(1926) 25 Ll L Rep 110
NEDERLANDSCHE HANDELSMAATSCHAPPIJ v. STRATHLORNE STEAMSHIP CO.
Charter-party-Delivery of cargo without production of bill of lading-Error of master-Action brought by endorsees- Relationship between endorsees and shipowners - Right to sue - Charter-party not amounting to a demise.
(1926) 25 Ll L Rep 111
IN RE MIKKELSEN'S & KNUDSEN'S PATENTS.
Patent (Diesel oil engines)-Application to extend period-Profitable development prevented by war.
(1926) 25 Ll L Rep 111
LEK v. MATHEWS.
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 underwriters-Appeal.
(1926) 25 Ll L Rep 113
THE "MASSILIA."
Practice-Costs-Taxation-Salvage award -Attendance of witnesses-Captain of salving vessel brought from abroad- Replacement by captain from England -Allowance upon taxation-Whether reasonable and proper-Rules of the Supreme Court, Order 65, r. 27 (9) (29).
(1926) 25 Ll L Rep 116
THE "BROCKLEY" AND OTHERS.
Damages-Assessment-Series of collisions in River Thames-First plaintiff's vessel alleged to have been sunk while at anchor by defendant vessels-Second plaintiffs' vessel sunk by collision with sunken wreck of first plaintiffs' vessel- Cross-allegations of negligent navigation.
(1926) 25 Ll L Rep 118
THE "LUISE HEMSOTH."
Mortgage of ship-Motion by mortgagees for judgment in default of appearance -Priorities reserved.
(1926) 25 Ll L Rep 118
THE "JOHANNE DYBWAD."
Salvage-Services rendered to derelict steamship in Atlantic-Ship manned and towed 1048 miles to safety-Facts taken into account: (1) derelict, (2) benefit to navigation, (3) bad weather and risks to salvors-Substantial sum awarded.
(1926) 25 Ll L Rep 119
THE "LOTTE LEONHARDT."
Salvage-Valuable services rendered by tugs to steamship on fire in Harwich Harbour-Vessel saved from destruction -Substantial sum awarded.
(1926) 25 Ll L Rep 124
THE "CANTON."
Collision between steamships in Great Bitter Lake, Suez Canal-Vessels on crossing courses-Cross-allegations of negligent navigation.
(1926) 25 Ll L Rep 129
CRASS AND ANOTHER v. BOWER.
Sale of ship-Warranty-Plaintiffs' yacht exchanged with defendant's yacht for monetary consideration paid by defendant - Oral agreement - Alleged condition that defendant's yacht was in as good a condition as the plaintiffs', if not better-Onus of proof-Judgment for defendant.
(1926) 25 Ll L Rep 130
IN RE NATIONAL SAILORS' AND FIREMEN'S UNION OF GREAT BRITAIN AND IRELAND.
Trade Union - Strike - Trade dispute in mining industry - General strike called by Trade Union Congress - Members of plaintiff union ordered by officials of union to cease work without authority of union - Motion by union for interlocutory injunction to restrain calling out of members - Legality - Trade union benefits - Trade Disputes Act, 1906.
(1926) 25 Ll L Rep 131
THE "AUSTRALIA."
Collision between steamships in sharp bend of River Scheldt-Defendant vessel on wrong side of channel-Circumstances known to plaintiffs-Excessive speed of plaintiff vessels in rounding bend- Contributory negligence-Seamanship- Position of nautical assessors considered .
(1926) 25 Ll L Rep 141
THE "MARY EDWARDS."
Negligence-Damage to ketch-Sloping berth -Slipping of ketch-Duty to take care after, warning given-Defective mooring - Contributory negligence - Judgment for berth-owners.
(1926) 25 Ll L Rep 147
THE "PELICAN I."
Collision between trawlers off St. Kilda- Weather requiring special precaution- Absence of reasonable care-Both held to blame.
(1926) 25 Ll L Rep 150
THE "PARANA."
Collision between steamships in Santos Harbour-Vessels on crossing courses- Negligence of give-way (plaintiffs') ship - Bad look-out - Plaintiffs' ship held alone to blame.
(1926) 25 Ll L Rep 152
(Continued from p. 99.)
THE "DALMENY."
Collision between barge in tow and steamship in River Mersey-Bad look-out on defendant steamship-Steamship held alone to blame.
(1926) 25 Ll L Rep 154
THE "MARIA STATHATOS."
Collision between steamships in Montevideo Harbour-Plaintiff vessel at anchor- Plea of inevitable accident-Defect in engine room telegraph system of defendant ship-Failure of defendants to establish that defect was undiscoverable with reasonable care.
(1926) 25 Ll L Rep 158
THE "WILLEM VAN DRIEL SR."
Negligent navigation in Tyne Dock-Plaintiff vessel at anchor-Alleged collision with defendant vessel in process of mooring alongside plaintiff vessel- Collision not proved-Finding for defendant vessel.
(1926) 25 Ll L Rep 161
THE "LUISE HEMSOTH."
Mortgage of ship-Motion by mortgagees for judgment in default of appearance .
(1926) 25 Ll L Rep 161
JAMES KERR NEWHAM v. STOTTPOOL STEAMSHIP COMPANY, LTD.
Trimmers-Charges-Agreement by shipowners to scale of charges - Disputes referred to Conciliation Board-Classification of defendants' vessel-Defendants (shipowners) bound by Board's finding that ship was not a self trimmer -Rate applicable-Appeal by shipowners dismissed.
(1926) 25 Ll L Rep 164
PETERSEN v. RONAASEN & SON.
Charter-party - Freight - Measurement of cargo (firewood) - Clause in charter-party requiring payment of freight on out-turn quantities-Cargo measured at destination-Cost-Whether to be borne by shipowner or charterers-Bills of lading filled up by defendants (charterers) through their agents-Shipowner's (plaintiff's) prima facie case to be paid freight on bills of lading quantity-Burden of rebutting shipowner's prima facie case on defendants -Found to be no express or implied undertaking by shipowner to reimburse defendants the cost of measuring at destination-Judgment for shipowner.
(1926) 25 Ll L Rep 166
LAIRD LINE v. CLAN LINE.
Collision off Corsewall Point-Apportionment of blame: one third; two-thirds- Limitation of liability-Measure of damages-Petitions of sundry claimants -Remittal to average adjuster-Scheme of division approved.
(1926) 25 Ll L Rep 170
"YEWGLEN" (OWNERS) v. HELICAL BAR & ENGINEERING CO.
Charter-party - Demurrage - Clauses protecting charterers in the event of disputes between masters and men concerned in loading and/or discharging -Ca' canny attitude adopted - Finding that dispute existed.
(1926) 25 Ll L Rep 170
THE "CHEKIANG."
Collision-Measure of damages-Objection to Registrar's report-Non-profit-earning vessel-Annual refitting of warship carried out, not of necessity, at same time as collision repairs but earlier than usual-Principles to apply.
(1926) 25 Ll L Rep 173
COAST LINES, LTD. v. SOCIETA NAZIONALE DI NAVIGAZIONE OF GENOA. (THE "FAGERNES.")
Jurisdiction-Collision between British and foreign vessels in Bristol Channel outside three-mile limit-Limits of jurisdiction -Application to set aside order for service of notice of writ outside the jurisdiction-Discretion of Court- Order upheld.
(1926) 25 Ll L Rep 179
THE "C.I.P."
Salvage-Services extending over seven days rendered to steamship in Atlantic Ocean -Claim alleged to be exaggerated.
(1926) 25 Ll L Rep 184
THE "GUARDIAN."
Salvage-Services rendered by steamship and tug to steamship in North Sea- Towage to Yarmouth-Claim alleged to be exaggerated.
(1926) 25 Ll L Rep 188
THE "DORIS THOMAS."
Negligence-Damage to ship-Defective berth-Failure of plaintiffs to establish case-Judgment for berth-owners.
(1926) 25 Ll L Rep 190
BALTIC INSURANCE ASSOCIATION OF LONDON, LTD, v. CAMBRIAN COACHING & GOODS TRANSPORT, LTD.
Insurance-Premiums-Claim for premiums admitted-Counterclaims on policies by assured-Third-party liabilities-Accident -Condition of policies that immediate notice of claims be given to insurers -Whether knowledge of employee of assured to be imputed to assured- Waiver.
(1926) 25 Ll L Rep 195
LORENTZ W. HANSEN'S REDERI A/S v. J. & H. GOODWIN, LTD.
Bill of lading-Claim by shipowners against bill of lading holders for balance of charges in respect of landing, piling and delivering cargo-Amount due under London Clause "A" paid - Whether balance due to plaintiffs-Provision that receivers "desirous of conveying their goods elsewhere . . . shall on making application to the steamer's agents . . . within 72 hours . . . be entitled to deliver . . . subject to charges stipulated below" (i.e., under London Clause "A")-Construction.
(1926) 25 Ll L Rep 197
LONDON STEAMSHIP & TRADING CORPORATION, LTD. v. RUSSIAN VOLUNTEER FLEET.
Practice-Official Referee-Application to set aside judgment by default-Application not made within prescribed time -Objection not taker at first opportunity -Jurisdiction of Official Referee to set aside own judgment-Rules of the Supreme Court, Order 59 A, r. 3 (b).
(1926) 25 Ll L Rep 201
DEVON MUTUAL STEAMSHIP INSURANCE ASSOCIATION v. F. W. OGG (INSPECTOR OF TAXES).
Revenue - Income Tax - Assessment - Unlimited company carrying on business of marine insurance-Loss on contracts to buy ships-Whether ordinary business expenditure or capital expenditure -Case referred back to Commissioners for further investigation.
(1926) 25 Ll L Rep 203
THE "SUSQUEHANNA."
Collision-Objection to Registrar's report- Loss of use of Admiralty oiler-Vessel engaged in non-profit-earning capacity -Measure of damages - Sum which vessel might have earned on hire: whether to be taken into account.
(1926) 25 Ll L Rep 205
NAAMLOOZE VENNOOTSCHAP STOOMVAART MAATSCHAPPIJ "VREDOBERT" v. EUROPEAN SHIPPING CO., LTD.
Agreement to sell five vessels for lump sum: one lost before purchase completed- Disputed price of lost vessel-Date of transfer of ownership-Passing of property -Completion of purchase-Ownership of insurance moneys recovered- Inadmissibility of parol evidence as to events leading up to written contract.
(1926) 25 Ll L Rep 210
BUERGER v. CUNARD STEAMSHIP CO., LTD.
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-Failure to declare value-Exception applicable to substituted contract-Deviation from substituted voyage-Unreasonable delay in forwarding-Abandonment of voyage - Effect upon exceptions clauses - Liability of shipowners as common carriers.
(1926) 25 Ll L Rep 215
ANDREW MANTOURA & SONS, AGENTS OF THE ITALIAN STEAMSHIP COMPANY "LLOYD TRIESTINO" BRANCH AT JAFFA v. MENACHEM DAVID, MANAGER OF THE FIRM DAVID S. DAVID, JAFFA.
Bill of lading-Loss of goods during transit -Proof of shipment-"Any claim made regarding . . . loss . . . of goods . . . shall be acceptable, provided that such claim is made in writing . . . . within the period as fixed above," i.e., eight days-Claim made out of time-Waiver -Judgment for shipowners.
(1926) 25 Ll L Rep 221
THE "MARTINETTE."
Negligence-Damage to barge-Uneven and defective berth-Judgment for barge-owners.
(1926) 25 Ll L Rep 223
THE "GUARDIAN."
Salvage-Services tendered by steamship and tug to steamship in North Sea- Towage to Yarmouth-Salved vessel in dangerous position - Substantial sum awarded.
(1926) 25 Ll L Rep 226
(Continued from p. 190.)
THE "VIRGINIA DOLLAR."
Collision in Genoa Harbour-Vessels at anchor-Moorings of defendant vessel carried away-Finding of inevitable accident-Onus of proof.
(1926) 25 Ll L Rep 227
D. PROCTOR & SONS v. THE BORNEO COMPANY.
General average - Deposits collected from consignees (plaintiffs) by ship's agents and paid over to defendants (agents for Russian shipowners) - No adjustment made owing to Russian revolution - Money deposited not paid over to shipowners-Trusteeship-Duty of trustee-Breach of trust-Statute of Limitations-Acknowledgment sufficient to oust statute.
(1926) 25 Ll L Rep 231
IN RE TYNE DOCK ENGINEERING COMPANY, LTD.
(1926) 25 Ll L Rep 235
OWNERS OF S.S. "OTARAMA" AND REA TOWING COMPANY, LTD. v. MANCHESTER SHIP CANAL COMPANY.
Negligence-Damage (by grounding) to tug and to steamship in tow of tug in Manchester Ship Canal-Chain picked up by propeller of tug in navigable channel- Licensees-Duty to warn-Grounding of steamship due to negligence of tug before picking up chain-Judgment for tug-owners against canal company; for canal company against steamshipowners.
(1926) 25 Ll L Rep 237
THE "COPSEWOOD."
Collision between steamships on following courses in Gravesend Reach-Anchoring of leading (defendant) vessel-Duty of following vessel to keep clear - Bad look-out-Judgment for defendants.
(1926) 25 Ll L Rep 250
THE "STIKLESTAD."
Salvage - Services rendered by tug and steamships to steamship in damaged condition in Atlantic during very heavy weather-Propeller tail shaft broken- Serious position of salved vessel-Services extending over six weeks-Right to salvage award - Substantial sum awarded.
(1926) 25 Ll L Rep 254
OSCAR MOENICH & CO. v. JOHN F. CARR & CO.
Sale of goods (wire)-Rejection by buyers- Term that wire should be free from scale, smoke, &c.-Delivery of wire in unmerchantable condition - Counterclaim by buyers for breach of contract- Judgment for buyers on claim and counterclaim.
(1926) 25 Ll L Rep 270
BOOTH v. AMALGAMATED MARINE WORKERS' UNION.
Trade Unions-Amalgamation-Conditions precedent - Ballot - False returns - Effect of registration of notice of amalgamation -Title to funds-Account- Trade Union Act Amendment Act, 1876, Sects. 12, 13-Trade Union (Amalgamation) Act, 1917-Trade Disputes Act, 1906, Sects. 4, 4 (2).
(1926) 25 Ll L Rep 272
McINTYRE v. AYRSHIRE DOCKYARD CO.
Master and servant-Contract of employment as general manager-Commission on net profits - Quantum - Alleged underpayment.
(1926) 25 Ll L Rep 277
IN RE RUSSIAN LLOYD. IN RE MOSCOW FIRE INSURANCE COMPANY.
(1926) 25 Ll L Rep 277
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- Alleged continuing duty of shipbroker.
(1926) 25 Ll L Rep 278
THE "PALUDINA."
Series of collisions in Malta Harbour- Plaintiff (appellant) vessel broken adrift by negligence of defendant (respondent) vessel-Minor collision between plaintiff ship and third vessel S due to defendants' negligence-Subsequent serious collision between plaintiff ship and S-Interval of 20 min.- Chain of causation - Novus actus interveniens.
(1926) 25 Ll L Rep 281
CONTINENTAL CONTRACTORS, LTD., AND ERNEST BECK & CO., LTD. v. MEDWAY OIL & STORAGE CO., LTD.
Sale of goods-Contract for delivery of kerosene by instalments - Repudiation by buyers on ground of delay in delivery of first instalment - Whether delivery postponed at request of buyers -Delivery dependent upon tender of banker's guarantee-Guarantee as condition precedent to obligation of sellers -Whether failure to make first delivery a repudiation of whole contract or ground for claim for damages in respect of non-delivery of one instalment.
(1926) 25 Ll L Rep 288
CONTROLLER OF THE CLEARING OFFICE v. ANDREW WEIR & CO.
Emergency legislation - Enemy debts - English buyer debtor and German seller cerditor-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 by debtor-Right of creditor to interest admitted by British Clearing Office without acknowledgment of debtor-Decisions of Joint Clearing Offices-Enforceability- Treaty of Versailles, Art. 296-Treaty of Peace Order, 1919 (Statutory Rules and Orders, No. 1517), par. 1 (iv.).
(1926) 25 Ll L Rep 303
THE "DEMETERTON."
Collision between schooner and steamship in Atlantic-Schooner becalmed-Alleged negligence of steamship in not keeping good look-out; of schooner in not giving warning of presence-Bad look-out- Judgment for schooner.
(1926) 25 Ll L Rep 305
THE "KARHU."
Salvage-Services rendered by tugs to barque aground in River Thames- Small service-Whether grounding due to negligence of tug towing barque- Small sum awarded.
(1926) 25 Ll L Rep 307
THE "WHIMBREL."
Collision between steamships in River Scheldt - Negligence of defendant vessel in taking risky helm and engine action - Bad look-out - Contributory negligence of plaintiff vessel - Finding of both to blame.
(1926) 25 Ll L Rep 311
THE "BHAMO."
Overtaking collision between large steamships in Crosby Channel, Liverpool - Vessels on parallel courses-Negligence of plaintiff vessel in starboarding into defendant vessel-Bad look-out-Judgment for defendants.
(1926) 25 Ll L Rep 314
THE "EMPRESS."
Collision between schooner and steamship off Dover-Negligence of steamship admitted-Alleged contributory negligence of schooner in not sounding fog signals - Dispute as to weather - Weather found not to have been foggy -Judgment for schooner.
(1926) 25 Ll L Rep 317
OWNERS OF STEAMSHIP "OTARAMA" AND REA TOWING COMPANY, LTD. v. MANCHESTER SHIP CANAL COMPANY.
Negligence-Damage (by grounding) to tug and to steamship in tow of tug in Manchester Ship Canal-Chain picked up by propeller of tug in navigable channel- Licensees-Duty to warn-Grounding of steamship due to negligence of tug before picking up chain-Judgment for tugowners against canal company: for canal company against steamship-owners -Apportionment of costs.
(1926) 25 Ll L Rep 320
THISELTON v. COMMERCIAL UNION ASSURANCE COMPANY, LTD.
Insurance (Life)-Policy-Loans-"A" company amalgamated with "B" company under statute of 1905-"A" company's policy-holders to be entitled to all benefits "established by the practices or prospectuses of the society"-Collateral bargain-Right of "B" company to raise rate of interest.
(1926) 25 Ll L Rep 321
THE "LUISE HEMSOTH."
Mortgage of ship-Motion by mortgagees for judgment in default of appearance -Priorities reserved.
(1926) 25 Ll L Rep 321
LONDON STEAMSHIP & TRADING CORPORATION, LTD. v. RUSSIAN VOLUNTEER FLEET.
Official Referee-Judgment-Application by defendants to set aside judgment given in their absence-Application granted subject to security being given.
(1926) 25 Ll L Rep 324
THE "STEEL SCIENTIST."
Collision in Vancouver Harbour-Plaintiff (respondent) vessel lying at anchor- -Plea of inevitable accident-Burden of proof-Risky navigation of defendant (appellant) vessel - Judgment for plaintiffs.
(1926) 25 Ll L Rep 325
THE "MOSTYN."
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.
(1926) 25 Ll L Rep 327
NIELSEN, ANDERSEN & CO. v. COLLINS (INSPECTOR OF TAXES). TARN v. SCANLAN (SURVEYOR OF TAXES).
Revenue-Income Tax-Agent for foreign shipowners - 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 (6).
(1926) 25 Ll L Rep 336
ASTRAS v. BRITISH GENERAL INSURANCE COMPANY, LTD.
Practice - Interlocutory application - Discovery of documents - Further and better affidavit of ship's papers- Failure to comply with order-Action dismissed through want of prosecution- Appeal allowed subject to terms.
(1926) 25 Ll L Rep 343
OLD COLONY TRUST COMPANY v. OWNERS OF STEAMSHIP "LORD STRATHCONA"; DOMINION COAL COMPANY, LTD. (INTERVENERS) v. LORD STRATHCONA STEAMSHIP COMPANY, LTD.
Costs - Taxation - Appeal from order of Judge varying order of Assistant-Registrar -No question of principle involved -Discretion of Assistant-Registrar as to quantum- R.S.C., Order 65, rr. 8, 27 (29).
(1926) 25 Ll L Rep 344
THE "ANDRAKA MENDI," THE "VICTOR" AND THE "RYDAL HALL."
Collision between tug and steamship in River Clyde-Negligence alleged by tug against defendant vessel - Counter-allegation by defendant vessel against tug and third vessel R H - Alleged sheering of R H found not to have occurred-Judgment for tug and R H.
(1926) 25 Ll L Rep 350
THE "PEAR BRANCH."
Collision in North Sea during fog-Defendant vessel held to blame on ground of alteration of course after exchange of fog signals with plaintiff vessel.
(1926) 25 Ll L Rep 355
THE "EVELPIS."
Collision between steamships at Piroeus- Damages-Objection to Registrar's report-Repairs to ship-Reasonableness -Report confirmed.
(1926) 25 Ll L Rep 359
THE "SEAMEW."
Overtaking collision between steamships in River Thames during fog - Plaintiff vessel found to blame on ground of going astern, preparatory to anchoring, without giving warning to defendant vessel-Unsatisfactory witnesses.
(1926) 25 Ll L Rep 360
D. & J. KOSKAS v. STANDARD MARINE INSURANCE COMPANY, LTD.
Insurance (marine)-Damage to goods by sea water-Claim by holders (buyers of bales of leather c.i.f.) of certificate of insurance-Proof of damage-Right to sue-Condition of certificate that Lloyd's Agent should be notified-Condition obscure and found not to have been brought to notice of certificate-holder.
(1926) 25 Ll L Rep 363
REDERI AKTIEBOLAGET TRANSATLANTIC v. LA COMPAGNIE FRANCAISE DES PHOSPHATES DE L'OCEANIE.
Charter-party - Demurrage - Cargo to be loaded and discharged at certain rate per day-"At charterers' option any days . . . not consumed in loading may be added to the time for discharging and any extra time consumed in loading may be deducted from the time for discharging" - Alleged election by agent of charterers not to exercise option-Authority of agent-Meaning of extra time consumed in loading - Whether "demurrage" days or "weather working" days to be reckoned.
(1926) 25 Ll L Rep 369
THE "GLENGARRY."
Collision between tug and steamship (in tow of tug) in Imperial Dock, Leith- Tug in process of manoeuvring steamship into berth-Tug damaged by propeller- Negligence of tug-Duty of tug to keep clear.
(1926) 25 Ll L Rep 374
IN RE MOTOR MANUFACTURERS' & TRADERS' MUTUAL INSURANCE COMPANY, LTD.
(1926) 25 Ll L Rep 374
THE "SAGAPORACK" AND THE "HONTESTROOM."
Double collision in River Thames - Disputed courses, speeds and position of casualty-Bend of river-Thames Rule No. 36-Conclusion of fact of trial Judge -Credibility of witnesses-Responsibilities of appellate Courts.
(1926) 25 Ll L Rep 377
CAYZER, IRVINE & CO., LTD. v. BOARD OF TRADE.
Charter-party-Requisitioned ship-T. 99- Loss of ship-Arbitration-(31) "It is further mutually agreed that such arbitration shall be a condition precedent to the commencement of any action at law"-Statute of Limitations, 21 Jac. I., cap. 16-Time from which statute begins to run-Cause of action- Scott v. Avery , 5 H.L.C. 811, discussed and applied.
(1926) 25 Ll L Rep 392
RICHARD HUGHES & CO. AND OTHERS v. FOWEY HARBOUR COMMISSIONERS AND FRED COLLINS.
Harbours - Powers of harbour commissioners and of harbour-mater (Fowey) -Instructions issued to shipowners as to compulsory pilotage, anchorage and speed-Unreasonableness and/or unfairness -Ultra vires-Harbours, Docks and Piers Clauses Act, 1847, Sects. 52, 53, 83.
(1926) 25 Ll L Rep 401
THE "RUAPEHU."
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 (Liability of Shipowners and Others) Act, 1900, Sect. 2 -Held to be a limitation as to area and not as to the nature of the act done.
(1926) 25 Ll L Rep 409
THE "GRAPHIC."
Collision between steamships in Victoria Channel, Belfast Lough-Limitation of liability-"Actual fault or privity"- Alleged faulty design of steamship seeking limitation-Merchant Shipping Act, 1894, Sect. 503.
(1926) 25 Ll L Rep 414
THE "ALDE."
Negligent navigation-Damage to steamship in Greenland Dock, London-Propeller fouled-Barge A found to blame -Assistance rendered by capstan on barge T-Application by A to limit liability-Distinction between "Improper navigation of ship" and "negligence of individuals"-Merchant Shipping Act, 1894, Sect. 503.
(1926) 25 Ll L Rep 419
THE "CHIRRIPO."
Overtaking collision in foggy weather between tug and steamship in River Mersey-Tug found alone to blame on ground of improper helm and engine action.
(1926) 25 Ll L Rep 421
THE "AGNES MARY."
Negligence-Damage to barge in New Cut, River Yare-Submerged pile-Obstruction to navigable fairway-Evidence of plaintiffs not accepted - Judgment for defendants.
(1926) 25 Ll L Rep 423
THE "STRATHDERRY."
Head-on collision between steamship and trawler in North Sea - Judgment for trawler on ground of improper helm action of steamship.
(1926) 25 Ll L Rep 426
THE "ARIANO."
Salvage-Services rendered by boatmen to steamship off the Lizard, steamship having struck submerged wreckage - Steamship piloted into Falmouth Harbour and put safely ashore-Alleged pilotage agreement - Sum awarded on salvage basis.
(1926) 25 Ll L Rep 428
THE "CARLO."
Collision between vessels on parallel courses in River Humber-Each proceeding to pilot boat to disembark pilot-Refusal to give way-"Seamanlike caution" abandoned for "manly emulation"- Both found to blame.
(1926) 25 Ll L Rep 430
THE "ANNA KAYSER."
Salvage services rendered by tugs to steamship after breaking adrift from moorings in River Tees - Bad weather - Steamship ashore - Rescue from bad position-Substantial sum awarded.
(1926) 25 Ll L Rep 433
"PROFESSOR GRUVEL" (OWNERS) v. THE BARRY GRAVING DOCK AND ENGINEERING COMPANY, LTD.
Negligence-Damage to ship during repairs -Measure of damage-Loss of business -Objection to Registrar's report - Remoteness of damage - Direct consequence of injury-Report confirmed.
(1926) 25 Ll L Rep 434
THE "CITY OF BARODA."
Bill of lading - Short delivery - Loss by theft - Clause providing that carrier should not be liable for, or for the consequences of, robbers or thieves by sea or land-Incorporation of Hague Rules, 1921-Duty of carrier to provide for proper care and custody of goods carried - Fault or privity of carrier - Bailee - Exception clause - Onus of proof-Want of due vigilance- Judgment for goods-owners.
(1926) 25 Ll L Rep 437
AKTIESELSKABET ERIKSEN & ANDERSEN'S REDERI v. FOY, MORGAN & CO.
Charter-party - Breach - Freight - Ship ordered to Preston but unable to reach there-Whether due to unseaworthiness or to Preston being "unsafe"-Meaning of "safe port."
(1926) 25 Ll L Rep 442
MERCHANTS' MARINE INSURANCE COMPANY, LTD., v. NORTH OF ENGLAND PROTECTING & INDEMNITY ASSOCIATION.
Collision-Damage to pontoon-Claim for indemnity-Dependent upon whether pontoon classified as "ship or vessel" -Adaptability for navigation.
(1926) 25 Ll L Rep 446
THE WITHAM OUTFALL BOARD v. CORPORATION OF BOSTON.
Docks, Rivers, &c.-Damage to fascine works by steamship - Liability of Boston Corporation to indemnify Outfall Board-Boston Dock Act, 1881, Sects. 9 (5), 53.
(1926) 25 Ll L Rep 449
KOKUSAI KISEN KAISHA v. LOUIS DREYFUS & CO.
Charter-party-Freight-Discount-"Freight less advances, if any, to be paid on unloading and right delivery of the cargo, in cash, but if ordered outside the U.K. to discharge in London concurrent with discharge, but in any case subject to two months' discount at 5 per cent. per annum"-Construction.
(1926) 25 Ll L Rep 450
SEVEN SEAS SHIPPING COMPANY, LTD. v. FREIGHT OFFICE OF TRADE DELEGATION OF U.S.S.R. IN GREAT BRITAIN.
Charter-party-Discharging port-Orders- "If orders for discharging port . . . . are not given on signing bills of lading, &c., charterers have the option of giving the same within 12 running hours of arrival at Gibraltar . . . or for ports not south of Havre or U.K. ports at Falmouth (at their option) for first port of discharge and for second port, it used, not later than whilst discharging at first port" - Bills of lading signed "Bound for Gibraltar for order"-Orders given after arrival at Gibraltar to proceed to Falmouth for orders-Construction of charter-party.
(1926) 25 Ll L Rep 450
IN THE MATTER OF AN APPLICATION BY LIEUT.-COLONEL THE RIGHT HON. W. E. GUINNESS (RE HARRY DAWKINS, COOK ON S.Y. "ISTER"); SAME (RE ARTHUR WILLIAM TYE, STEWARD ON S.Y. "ISTER"). IN THE MATTER OF AN APPLICATION BY COL. SIR CHARLES WYNDHAM-MURRAY (RE GEO. H. SANDY, STEWARD ON S.Y. "CECILIA").
Unemployment Insurance Act, 1920 - Employed persons-Ship's cook and ship's steward-Whether seamen and/or domestic servants - Inconsistencies of obligations and duties, rights and privileges - Held to be seamen and therefore insurable person.
(1926) 25 Ll L Rep 451
SEDGWICK, COLLINS & CO., LTD. v. ROSSIA INSURANCE CO. OF PETROGRAD (EMPLOYERS' LIABILITY ASSURANCE CORPORATION, LTD., GARNISHEES).
Garnishee-Judgment obtained against Russian company-Attachment of debt due from English company to Russian company - Applications to discharge order nisi and to set aside judgment- Alleged dissolution of Russian company by Soviet decrees-Service of writ upon person authorised to receive service as required by Companies (Consolidation) Act, 1908, Sect. 274 - Submission to jurisdiction-Notice given by authorised person that Russian company had ceased to exist - Whether sufficient - Practice-Competence of garnishees to apply to set aside judgment.
(1926) 25 Ll L Rep 453
SAMUEL CRAWFORD HOGARTH, HUGH HOGARTH, BARCLAY HOGARTH AND JOHN BAIRD HENDERSON v. CORY BROS. & CO., LTD. (CONSOLIDATED APPEALS).
Charter-party-Demurrage and detention- Delay in getting to loading berth and in loading-Whether due to causes beyond control of charterer - Government regulations and restrictions-Duty of charterer to provide cargo - Alleged shortage of wagons-Accord and satisfaction -Judgment for shipowners.
(1926) 25 Ll L Rep 464
J. C. HOUGHTON & CO. v. NOTHARD, LOWE & WILLS, LTD.
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-Nature of transaction found to have been such as to put plaintiffs on inquiry.
(1926) 25 Ll L Rep 469
THE "LADY PATRICIA."
Double collision in River Thames-Appeal against order of "no costs" -Discretion of Court.
(1926) 25 Ll L Rep 476
THE "DELPHINULA."
Collision between steamships in Firth of Clyde-Wrong helm action of defendant ship - Bad look-out - Judgment for plaintiffs.
(1926) 25 Ll L Rep 480
A. J. A. DOUGLAS AND W. A. GRANT v. OWNERS OF YACHT "ST. GEORGE" (EXOR. OF LATE E. E. GATES INTERVENING).
Ship's necessaries - Bottomry bonds - Validity-Intervention by mortgagee- No notice of transaction given to mortgagee -Alleged need for authority of mortgagee-Reasonable steps taken to notify mortgagee through his agent- Right of master to raise funds for the necessities of the ship not prevented by existence of mortgage-Merchant Shipping Act, 1894, Sect. 34.
(1926) 25 Ll L Rep 482
THE "LYME REGIS."
Collision between barge (in tow of tug) and steamship in Lower Pool, River Thames-Negligence of barge in crossing bows of steamship - Judgment for defendants.
(1926) 25 Ll L Rep 490
THE "JOLLY KATE."
Collision between trawler and steamship in Lower Hope, River Thames-Negligence of trawler in proceeding on wrong side of river-Unsatisfactory evidence of trawler's witnesses - Judgment for steamship.
(1926) 25 Ll L Rep 493
THE "PEMBREY."
Collision between steamships in River Thames-Plaintiff vessel proceeding up river-Negligence of defendant vessel in making, without adequate warning, turning movement from position at anchor - Bad look-out - Judgment for plaintiff vessel.
(1926) 25 Ll L Rep 496
THE "C.I.P."
(1926) 25 Ll L Rep 498
THE "OPTIC."
Salvage-Services rendered by tug to steamship ashore in River Mersey-Towage or salvage-No real danger-Tender of £150 found sufficient.
(1926) 25 Ll L Rep 500
FRANCO-BRITISH SHIP STORE COMPANY, LTD. v. COMPAGNIE DES CHARGEURS FRANCAIS.
Contract - Breach - Agreement by defendants to "purchase all the stores they require in the United Kingdom . . . the percentage of profit to be discussed every six months"-Period of agreement alleged to be fixed by second agreement, concluded on following day, extending over 10 years - Right to terminate - Statute of Frauds - Consideration -Measure of damages.
(1926) 25 Ll L Rep 502
THE "GRAPHIC."
Collision between steamships in Victoria Channel, Belfast Lough-Limitation of liability-Costs.
(1926) 25 Ll L Rep 502
(Continued from p. 419.)
STRONG AND PEARL v. S. ALLISON & CO., LTD.; SAME v. BRITISH GENERAL INSURANCE COMPANY, LTD.
Insurance brokers-Negligence-Breach of duty-Failure to make contracts of insurance according to instructions of assured (plaintiffs)-Loss of yacht- Vessel not covered - Actions brought against brokers and against underwriters -Judgment for plaintiffs against brokers.
(1926) 25 Ll L Rep 504
SANDAY & CO., LTD. v. SHIPTON, ANDERSON & CO., LTD.
Sale of goods (wheat)-Documents-Refusal to accept-Alteration of port of call- Estoppel - Variation of contract - Statute of Frauds.
(1926) 25 Ll L Rep 508
ANGLO-GRECIAN STEAM TRADING COMPANY, LTD. v. T. BEYNON & CO.
General average-Claim by owners against charterers for expenses allowed-Interest.
(1926) 25 Ll L Rep 511
AKTIESELSKABET REIDAR v. ARCOS, LTD.
Charter-party - Dead freight - Wood charter - Construction - Full summer deckload contemplated - Ship delayed on previous voyage by strike-Failure to load at agreed rate-Loading of ship delayed - Demurrage clause - Winter deckload carried-Failure to load a full and complete cargo - Measure of damages.
(1926) 25 Ll L Rep 513
WM. H. MULLER & CO. (LONDON), LTD v. COMMISSIONERS OF INLAND REVENUE.
Revenue - Income Tax - Agents in United Kingdom of non-resident shipowners- Whether non-resident shipowners trading in or trading with the United Kingdom - Income Tax Act, 1842, Sect. 41-Finance (No. 2) Act, 1915, Sect. 31.
(1926) 25 Ll L Rep 518
LEK v. MATHEWS.
Insurance (theft)-Loss of postage stamps Claim-Value-admitted policy-Defence of over-insurance and fraud-Onus of proof-Expert evidence-Total or partial loss-Responsibilities of appellate Court-Judgment for assured.
(1926) 25 Ll L Rep 525
(Continued from p. 116.)
VACUUM OIL COMPANY v. UNION INSURANCE SOCIETY OF CANTON.
Insurance (marine)-Loss if petroleum in tins-Total loss of vessel - Petroleum insured against total loss, should ship be lost - Constructive total loss of petroleum - Notice of abandonment - Intention to abandon subject-matter unconditionally - Authority of Lloyd's Agent to receive notice of abandonment -Marine Insurance Act, 1906, Sect 62 -Judgment for insurers-Appeal dismissed.
(1926) 25 Ll L Rep 546
STEAMSHIP "TREGURNO" AND OTHER VESSELS.
Prize - Sals of cargo seized - Disposal of proceeds-Application to remove stay of execution.
Prize-Seizure of barley-Various claimants -Settlement.
(1926) 25 Ll L Rep 555
THE "ALFA."
Prize-Conditional contraband-Proceeds of sale of barley-Release of bail bond.
(1926) 25 Ll L Rep 556
THE "UNITED STATES" AND OTHER VESSELS.
Prize-Proceeds of goods seized-Transference to Custodians of Enemy Property.
(1926) 25 Ll L Rep 557
THE "SAPPER."
Collision between sailing barge and steamship in River Thames - Alleged improper helm action on part of barge found not to have occurred-Negligent navigation of steamship-Judgment for barge.
(1926) 25 Ll L Rep 559
THE "BRASK."
Salvage-Services rendered to steamship in Atlantic-Rudder broken-Substantial sum awarded.
(1926) 25 Ll L Rep 560
THE "ROYAL FUSILIER."
Collision - Damages - Objection to Registrar's report-Collision repairs effected at same time as annual overhaul - -No necessity for either-Restitutio in integrum-Report confirmed.
(1926) 25 Ll L Rep 566
THE "CANADIAN RAIDER."
Collision in River Thames - Damages - Objection to Registrar's report-Question of quantum only-Report confirmed.
(1926) 25 Ll L Rep 566
THE "CANTON."
Collision between steamships in Great Bitter Lake, Suez Canal - Defendant vessel proceeding to anchorage - Failure of plaintiff vessel to signal her manoeuvres-Plaintiff ship found alone to blame.
(1926) 25 Ll L Rep 569
(Continued from p. 130.)
HERBERT WHITWORTH, LTD. v. PACIFIC STEAM NAVIGATION COMPANY.
Lighterage-Damage to goods, while lightering, due to admitted negligence of defendants' (shipowners') servants-Bill of lading-Exception clause covering perils of the sea, lighterage and risk of craft, &c. - Whether bill of lading contract still subsisting-Whether special lighterage contract-Ambiguity-Judgment for shipowners.
(1926) 25 Ll L Rep 573
ALBERT E. REED & CO., LTD. v. PAGE, SON & EAST AND G. A. JARROLD.
Lighterage-Damage to cargo-Breach of warranty to provide seaworthy vessel- Unseaworthiness of barge-Bad stowage - Overloading - London Lighterage Clause-Judgment for goods-owners.
(1926) 25 Ll L Rep 576