i-law.com

THE "BUDENY."

(1927) 29 Ll L Rep 1

Collision between steamships in English Channel-Refusal by learned Judge to accept documentary or oral evidence of either party-Finding of both to blame on ground of bad look-out.

Practice-Writ-Acceptance of service by solicitors-Undertaking to enter an appearance and put in bail-Instructions received through foreign underwriters' agents-No authority of owner-Motion by solicitors to have names removed from writ and to be released from their undertaking-Application dismissed.

WILLIAM BEARDMORE & CO., LTD. v. OWEN & WATKIN WILLIAMS & CO.

(1927) 29 Ll L Rep 7

Contract-Supply of ship's engines-Claim for balance due on purchase-Counterclaim in respect of alleged defects- Onus of proof accepted by defendants- Settlement.

THE "J. DUNCAN."

(1927) 29 Ll L Rep 7

Collision-Limitation of liability.

DENT v. BLACKMORE AND OTHERS.

(1927) 29 Ll L Rep 9

Insurance (motor car)-Policy-Validity- Repudiation by insurers upheld on ground (1) that answers given in proposal form were untrue; (2) that there was non-disclosure-Plea of ambiguity not accepted by learned Judge.

SUTTON SHIPPING COMPANY, LTD. v. GRAHAM'S TRADING COMPANY, LTD.

(1927) 29 Ll L Rep 12

Ship-Disbursements-Charter of ship- Claim by plaintiffs (shipowners) against defendants (agents) for money overpaid-Dispute as to amount and as to responsibility for disbursements made by agents on behalf of charterers -Alleged agreement between shipowners and agents that shipowners would accept responsibility-Finding that there was a joint employment of agents by shipowners and charterers, and that by the agreement there was no waiver by the shipowners of their rights against the agents-Judgment for shipowners.

ELLERMAN LINES v. LANDI AND OTHERS. (THE "FALERNIAN.")

(1927) 29 Ll L Rep 15

Salvage-Agreement-Lloyd's form-Term of agreement that amount for services should be settled by arbitration in London and that salvor (defendant) should not arrest the ship unless proper security unprovided-Requisite guarantee obtained and approved by defendant -Seizure of ship under process of foreign Court-Judgment in favour of defendant obtained by fraud-Breach of contract -Doctrine of res judicata- Whether applicable - Measure of damages-Plaintiffs held entitled to recover (1) Hire of tug to tow vessel from area of operations; (2) Wages of master and crew of vessel from date of arrest; (3) Legal expenses in resisting arrest-Claim for value of vessel disallowed as it was not a necessary consequence of the breach-Whether plaintiffs entitled to declaration that, in the event of defendant bringing an action on the foreign judgment, that judgment having been obtained by fraud, they have a good defence-R.S.C. Order 25, r. 5-Counterclaim dismissed -"The Court will not allow a party to take advantage of his own wrong"-No jurisdiction to grant world-wide injunction to restrain defendant from enforcing foreign judgment -Liability of co-partners.

WILLIAMS v. WILLIAMS.

(1927) 29 Ll L Rep 25

Parol contract - Coal-exporting business - Partnership or sale of business - Disputed terms - Whether an out-and-out sale or a fifty-fifty profit-sharing agreement.

CHUTE AND ANOTHER v. NORTH RIVER INSURANCE COMPANY.

(1927) 29 Ll L Rep 31

Insurance (jewellery)-Claim-"All-risks" policy-Cracking of opal due to inherent vice-Loss held irrecoverable.

THE "AMERICA."

(1927) 29 Ll L Rep 32

Negligence-Damage to ship during repairs- Both ship-repairers' and ship's servants on board-Onus of proof-Seat of fire- "Best opportunity of knowing"- Express agreement in writing to exercise the highest degree of care- Admissibility in evidence of prior communing -Alleged agreement by shipowners to insure against fire to the exclusion of contractors' liability disproved -Construction of contract.

THE "PORT WELLINGTON."

(1927) 29 Ll L Rep 39

Collision between steamships off the Would Light-vessel during dense fog-Dispute as to precise place of collision; as to whether plaintiff vessel was stationary or in motion-Finding of both to blame on grounds (1) that plaintiff vessel, being in motion, sounded misleading signals; (2) that defendant vessel took premature action.

THE "GRIT."

(1927) 29 Ll L Rep 42

Damage to motor barge-Bad berth-Reference -Assessment-Objection to Registrar's report-Amount awarded less than tender-Claims in respect of (1) cost of repairs; (2) reduction of carrying capacity due to added weight caused by introduction of strengthening angle irons; (3) detention for repairs-Discretion of Registrar-Report confirmed

THE "FREDAVORE."

(1927) 29 Ll L Rep 45

AKTIESELSKABET OCEAN v. B. HARDING & SONS, LTD., AND HENRY ARNOLD & CO.

(1927) 29 Ll L Rep 47

Charter-party-Dead freight and demurrage -Lien-Failure to load "full and complete cargo"-Liabilities of holders of bills of lading-Fulfilment of contract between shippers and shipowner's agent "as per separate chartering notes"-Circuity of action.

THE "GERTRUD."

(1927) 29 Ll L Rep 47

Ship-Arrest-Appraisement and sale.

COMPAGNIE CONTINENTALE D'IMPORTATION v. UNION DER SOZIALISTISCHEN SORVJET REPUBLIKEN, HANDELSVERTRETUNG IN DEUTSCHLAND.

(1927) 29 Ll L Rep 52

Sale of goods-Tender of documents-Rejection -London Corn Trade Association Black Sea and Danubian Grain Contract -"Notice of appropriation with . . . date of bill of lading . . . shall be given by the shipper . . . within seven days from date of bill of lading"- Date omitted from notice of appropriation but included in provisional invoice- Whether sufficient compliance with contract -Custom of trade treating notice of appropriation and provisional invoice as separate documents-Whether inconsistent with contract terms-"Notice . . . shall be given"-Whether satisfied by dispatch-Construction.

GRAIN UNION, LTD. v. SUTTON & CO.

(1927) 29 Ll L Rep 56

Bill of lading-Damage to cargo (maize)- Overheating-Failure to sheath bulkhead with wood-Stipulation regarding steamships-Applicability to motor ships - Unseaworthiness - Allegation that maize was fresh disproved - Inference to be drawn from locality of damage and from date of shipment - Instructions of plaintiffs not to ventilate- Custom of trade-Damage increased by non-ventilation - Whether recoverable - Shrinkage - Measure of damage - Resale-Arbitration-Award in favour of sub-buyers - Previous agreement between agents of parties as to damage.

COTTER AND OTHERS v. NATIONAL UNION OF SEAMEN.

(1927) 29 Ll L Rep 61

HOUGHTON & CO. v. NOTHARD, LOWE & WILLS, LTD.

(1927) 29 Ll L Rep 63

Contract-Breach-Title to bills of lading- Agreement between fruit brokers (plaintiffs) and fruit importing company A that brokers should receive consignments to both company A and company B (defendants); proceeds to go in reduction of advances made to company A-Companies A and B in close relationship, directors of company A being on board of company B-Purported ratification of agreement by letter from secretary of company B- Whether binding on company B-Necessity to ascertain powers given by articles of association-Estoppel in pais- Knowledge of director who was particeps criminis-Whether knowledge of company.

THE "METAGAMA."

(1927) 29 Ll L Rep 76

Collision between steamships in River Clyde - Plaintiff vessel beached in position No. 1 to prevent sinking-Subsequent slipping off bank and drift across river to position No. 2, parallel with river, where vessel taken charge of by navigation authorities and by salvage experts - Further alteration to athwart river (position No. 3)-Abandonment as total loss-Liability of defendant steamship for collision admitted -Measure of damage - Liability of defendants for damages resulting from vessel's No. 3 position - Whether collision the proximate cause - Novus actus interveniens-Onus of proof-Failure of defendants to prove negligence in respect of non-maintenance of vessel in position No. 3-Appeal.

IN RE NATIONAL BENEFIT ASSURANCE COMPANY, LTD.

(1927) 29 Ll L Rep 77

Insurance - Reinsurance - Participation agreement - Claim by insurance company to prove in liquidation of participating company - True character of agreement-Contract of sea insurance- Necessity for stamping-Proof rejected by liquidator-Appeal dismissed.

"ELMA" (OWNERS) AND OTHERS v. "RIVERMAN" (OWNERS). (HINCHSLIFF AND FURLEY & CO., LTD., THIRD PARTIES).

(1927) 29 Ll L Rep 80

Collision between keels in River Trent - Defendant keel in tow of tug-Negligence of tug-Right to indemnity by vessel towed-Third parties joined.

THE "HERO."

(1927) 29 Ll L Rep 82

THE "IDA BLUMENTHAL."

(1927) 29 Ll L Rep 84

Charter-party - Demurrage - Dangerous cargo (coal briquettes)-Refusal of harbour authority and of railway company to accommodate consignees - Duty to discharge "whether in berth or not"- Meaning of "discharge" - Difference between operation of discharge and disposal of cargo - Proximate cause of delay-"Any other causes"-Ejusdem generis rule-Whether a cause "beyond the control of the consignees"-Unreasonable deviation negatived-Stress of weather-Carriage of Goods by Sea Act, 1924, Art. IV (4)-Judgment for shipowners.

J. & P. HUTCHISON, LTD. v. GABRIEL WADE & ENGLISH, LTD.

(1927) 29 Ll L Rep 84

Bill of lading-Freight-Short delivery admitted -Dispute as to value.

WILLIAM H. MULLER & CO. (LONDON), LTD. v. COMMISSIONERS OF INLAND REVENUE.

(1927) 29 Ll L Rep 93

Revenue-Income Tax-Excess Profits Duty -Agents in United Kingdom of non-resident shipowners-Whether carrying on trade-"Receipt of any profits or gains"-"Authorised persons"-Income Tax Act, 1842, Sect. 41-Finance (No. 2) Act, 1915, Sect. 31 - Revenue appeals - Delay - Alteration of procedure.

GOSSE MILLERD, LTD., AND ANOTHER v. CANADIAN GOVERNMENT MERCHANT MARINE, LTD.

(1927) 29 Ll L Rep 101

Bill of lading-Damage to cargo (tinplates) -Whether due to condition of cases containing goods or to negligence of shipowners in exposing cargo to rain- Proof that cases were satisfactory- Inference that damage was rain damage - Duty of shipowners under Carriage of Goods by Sea Act, 1924, Schedule, Art. III (2)-Onus of proof on shipowners as bailees that reasonable care was taken-Judgment for cargo-owners -Appeal.

CHAPLIN v. HARRINGTON MOTOR COMPANY, LTD. (IN LIQUIDATION).

(1927) 29 Ll L Rep 102

Company - Winding-up - Assets - Claim against motor company for damages in respect of personal injuries - Conduct of litigation undertaken by insurers of motor company-Judgment for plaintiff -Stay of execution with a view to appeal - Company winding-up of motor company - Appeal abandoned- Damages paid by insurance company to liquidator-Absence of privity between plaintiff and insurance company- Discretion of Court - Companies (Consolidation) Act, 1908, Sect. 142.

THE "NAPIERIAN."

(1927) 29 Ll L Rep 109

Collision between steamships in English
Channel during fog - Cross-allegations
of improper speed, helm action and
bad look-out.

CORNELIUS BULLS REDERI A/S v. BARTON THOMPSON & CO. (THE "MOUNT SHASTA.")

(1927) 29 Ll L Rep 110

Practice-Action brought by foreign company -Whether a nullity-Claim by defendants to strike out writ and all subsequent proceedings-Evidence that before issue of writ plaintiff company had ceased to exist and "cannot sue or be sued nor can any persons sue in its name or on its behalf"-Effect of amendment of writ substituting name of assignees of rights of extinct company upon statute-barred remedy- Writ, &c., struck out-No order as to costs.

FORBES, ABBOTT & LENNARD, LTD. v. GREAT WESTERN RAILWAY CO.

(1927) 29 Ll L Rep 117

Negligence - Damage to barge through grounding in lock-Conditions of user of dock - "All barges while in the Chelsea Dock are at the sole risk of owners or persons bringing or causing the same to be brought into the dock" -Whether "dock" includes "lock"- Whether conditions sufficiently clear and unambiguous to exempt dock-owners from liability for negligence- Application of rules of construction of "exemption from liability" clause - Held that dock-owners were protected by conditions.

THE "AMERICAN SHIPPER."

(1927) 29 Ll L Rep 124

Overtaking collision between dumb barge (in tow) and steamship in Bugsby's Reach, River Thames- Completed turning movement of barge-Finding that barge took reasonable care in turning- Duty of steamship to keep clear-Judgment for barge.

THE "HERO."

(1927) 29 Ll L Rep 128

Collision between barge (in tow of tug) and steamship in Limehouse Reach, River Thames - Tug in process of turning movement-Improbabilities of tug's case -Finding that collision was in mid-river; that tug was improperly turning at improper time; that tug failed to sound turning signal at material time; and that steamship failed to take off way in due time-Apportionment of blame: tug, three-fourths; steamship, one-fourth.

"ELMA" (OWNERS) AND OTHERS v. "RIVERMAN" (OWNERS). (HINCHSLIFF AND FURLEY & CO., LTD., THIRD PARTIES.)

(1927) 29 Ll L Rep 130

Collision between keels (one in tow of defendant tug) in River Trent-Negligence of tug admitted-Right of tug to indemnity by "owners or persons interested in the vessels . . . towed" -Third parties as "persons interested" - Towage contract - Whether terms clear and unambiguous.

SYMINGTON & CO. v. UNION INSURANCE SOCIETY OF CANTON, LTD.

(1927) 29 Ll L Rep 132

Marine insurance - Claim - Cover notes issued-Failure to issue policy-Award stated in form of special case for opinion of Court-Case struck out-No order as to costs.

PENDLE & RIVETT, LTD. v. ELLERMAN LINES, LTD.

(1927) 29 Ll L Rep 133

Bill of lading - Loss of textile goods - Inexplicable conflict of evidence-Burden of proof Bill of lading "weight unknown"-Mate's receipt signed without qualification as to weight-"Amount exceeding £100" not declared in bill of lading-Liability of shipowners limited to £100-Carriage of Goods by Sea Act, 1924, Schedule, Arts. III (3), (4), IV (2) (q), (5).

THOMAS DIAMOND & CO. v. WESTMINSTER BANK, LTD.

(1927) 29 Ll L Rep 136

Repairs to ship-Claim by ship-repairers against mortgagees (bank) - Alleged guarantee to pay cost of repairs - Admitted benefit to bank on sale - Finding that bank guaranteed payment out of sums due under insurance policies on ship held by them-Settlement of claims under policies prevented by retention of average adjustment by director of managing owners-Implied obligation on bank to facilitate recovery -Judgment for bank.

LEK v. MATHEWS.

(1927) 29 Ll L Rep 141

Insurance (theft)-Loss of postage stamps- Claim-Value admitted policy-Total loss of part of collection-Fraudulent claim-Expert evidence-Onus of proof -No motive for fraud-Plaintiff's credibility as a witness-Duty of appellate Court on decision of fact by trial Judge sitting without a jury-Judgment for underwriters.

MAHARANI WOOLLEN MILLS CO. v. ANCHOR LINE.

(1927) 29 Ll L Rep 169

Practice-Writ-Dispute under bill of lading -"All claims arising shall be determined at the port of destination according to British laws"-Port of destination, consignees and material evidence at Bombay-Action commenced in England -Whether clause relieves carrier from liability-Question of procedure- Carriage of Goods by Sea Act, 1924, Schedule, Art. III (8)-Writ set aside- Appeal dismissed.

DE MONCHY v. PHOENIX INSURANCE COMPANY OF HARTFORD AND ANOTHER.

(1927) 29 Ll L Rep 170

Marine insurance - Loss (turpentine) - "Leakage from any cause in excess of 1 per cent."-Claim-Ascertainment of loss - Conventional basis - Insurance certificate-"This certificate represents and takes the place of the policy"- Omission of port of shipment, port of destination and premium from policy -Whether contract of insurance- Limitation clause in policy-Whether to be read into certificate of insurance -Judgment for assured.

THE "GERTRUD."

(1927) 29 Ll L Rep 170

Collision action-Motion for judgment in default of appearance - Necessity for "sufficient evidence" of collision.

SCALES (INSPECTOR OF TAXES) v. GEORGE THOMPSON & CO., LTD.

(1927) 29 Ll L Rep 176

Revenue-Income Tax- Assessment- Underwriting activities of shipowning company -Profits of businesses amalgamated for purpose of dividend-Whether separate businesses.

HUMBER CONSERVANCY BOARD v. FEDERATED COAL & SHIPPING COMPANY, LTD. (THE "MAUD LLEWELLYN.")

(1927) 29 Ll L Rep 177

Pilotage - Compulsory pilotage - Vessel within compulsory pilotage area for purpose of receiving orders from Lloyd's Signal Station at Spurn Head-"Making use of any port"-By Merchant Shipping Act, 1894, Sect. 742, "port" includes "place"-Meaning of "port" -"Place" construed ejusdem generis with "port"-Pilotage Act, 1913, Sect. 11.

DEVON MUTUAL STEAMSHIP INSURANCE ASSOCIATION v. OGG (INSPECTOR OF TAXES).

(1927) 29 Ll L Rep 180

Revenue-Income tax-Assessment-Mutual steamship insurance association-Purchase of steamships-Sum paid on cancellation of contracts-Whether revenue or capital expenditure.

DEE CONSERVANCY BOARD AND ANOTHER v. McCONNELL AND ANOTHER.

(1927) 29 Ll L Rep 181

Wreck-Expenses of removal of obstruction - Loss of business of wharf-owners - Claims by River Dee Conservators and wharf-owners against owners of sunken vessel - Finding that vessel was unseaworthy and that she was negligently left unattended by crew with privity of owners - Abandonment to underwriters before expenditure incurred - Whether common law right in respect of negligence and/or public nuisance barred by private statute incorporating Harbours, Docks and Piers Clauses Act, 1847 - Failure of wharf-owners to prove loss of business - Limitation of liability -

WITHAM OUTFALL BOARD v. CORPORATION OF BOSTON.

(1927) 29 Ll L Rep 185

Docks, Rivers, &c. - Damage to fascine works - Artificial cut constructed by Outfall Board permitting navigation of larger vessels-Erection of larger dock by dock authority to accommodate such larger vessels-Steamship aground in cut-Abandonment by owners-Liability of dock authority to make good the damage-Construction of private statute - Boston Dock Act, 1881, Sect. 9 (5) (7) (9).

GOSSE MILLERD, LTD., AND ANOTHER v. CANADIAN GOVERNMENT MERCHANT MARINE, LTD. (THE "CANADIAN HIGHLANDER.")

(1927) 29 Ll L Rep 190

Bill of lading-Damage to cargo (tinplates) -Liability of shipowner - Finding of fact that cargo damaged by rain while effecting repairs to ship - Exception clause-Whether resulting from "Act, neglect, or default . . . in the navigation or in the management of the ship" -Carriage of Goods by Sea Act, 1924, Schedule, Arts. III (2) (8), IV (2) (a).

THE "ULRIKKA II."

(1927) 29 Ll L Rep 200

Collision between steamships in Crosby Channel, River Mersey - Conflict of evidence as to visibility, place of collision and speed - Blame attached to plaintiff vessel for not reversing; to defendant vessel for improper helm action-Apportionment: one-third; two-thirds -Finding of fact of trial Judge sitting without a jury-Onus of proof on appeal-Appeal dismissed.

THE "CORMORANT."

(1927) 29 Ll L Rep 204

Collision between steamships in North Sea- Crossing courses - Duty of give-way ship to reduce speed; of stand-on ship not to alter her course until absolutely necessary - Both found to blame - Apportionment: two-thirds; one-third Appeal dismissed.

THE "CITY OF DUBLIN."

(1927) 29 Ll L Rep 206

Collision between steamships in Ghent-Terneuzen Canal-Finding that plaintiff vessel was alone to blame on ground of (1) excessive speed; (2) improper helm action; and (3) breach of regulations- Custom between canal pilots of passing starboard to starboard not accepted- Appeal dismissed.

THE "ISTOK" AND ANOTHER.

(1927) 29 Ll L Rep 208

Collision between steamships in Limehouse Reach-Plaintiff vessel at anchor-Joint defendants-First defendant vessel in collision with second defendant vessel- Subsequent collision between first defendant vessel and plaintiff vessel- Whether due to negligence of first and/or second defendants-Finding that second defendant vessel was guilty of improper helm action and of excessive speed-Second defendant vessel found alone to blame.

THE "COELLEDA."

(1927) 29 Ll L Rep 212

Collision between steamships in Manchester Ship Canal-Both vessels in tow of tugs -Mid-channel collision - Adequate water to pass port to port-Inability of vessels to manoeuvre owing to action of their tugs-Duty of defendant vessel to reduce way to permit passing in wider part of channel-Both found to blame.

THE "PASS OF BRANDER."

(1927) 29 Ll L Rep 215

Salvage-Services rendered by tug, drifter and lifeboat to steamship aground on Scroby Sands-Substantial contribution to services by salved ship-£1150 awarded in respect of material and useful services to salved values of £25,539.

GRIEW & SON v. BUNDOCK'S WHARF, LTD.

(1927) 29 Ll L Rep 221

Barge-Damage to cargo-Sinking of barge with cargo of wood-Alleged unseaworthiness -Barge 51 years old-Finding that sinking was due to collision with another craft-Judgment for barge-owner.

ENSIGN SHIPPING COMPANY v. COMMISSIONERS OF INLAND REVENUE.

(1927) 29 Ll L Rep 222

Revenue-Excess Profits Duty-Assessment -Temporary interruption of use of ships by Government-Sum paid by way of compensation-Whether trading profit.

HENRY ROOKE, SONS & CO. v. PIPER & MAY.

(1927) 29 Ll L Rep 224

Arbitration-Award-Motion to set aside- Sale of goods (pepper c.i.f.)-Previous award set aside and remitted to arbitration tribunal for further consideration -Request by buyers to tribunal to state a case for the opinion of the Court-No objection by sellers- Request ignored and further award made-Award set aside.

SOUTH METROPOLITAN GAS CO. v. J DADD (H.M. INSPECTOR OF TAXES).

(1927) 29 Ll L Rep 225

Revenue-Income Tax - Assessment - Deductions -Replacement of steamship by one of more convenient type-"Plant or machinery which has become obsolete" -Question of degree and of fact for Commissioners-Income Tax Act, 1918, Schedule D, Cases I and II, Rule 7.

THE "SIC VOS NON VOBIS."

(1927) 29 Ll L Rep 227

Negligence - Collision between moored vessels in Genoa harbour-Ranging- Inferences from facts-Finding of learned trial Judge that plaintiff vessel was securely moored; that defendant vessel's stern moorings were faulty- Res ipsa loquitur-Onus of proof- Appeal dismissed on ground that there was negligence by defendants in attending to moorings.

THE "HIGHLAND GLEN."

(1927) 29 Ll L Rep 230

Negligent navigation-Damage to tug- Collision between tug and tow-Pleadings -Negligence denied-Liability of tow under towage contract-Right of tug to indemnity-Whether sufficiently raised by reply-New trial ordered.

THE "W. H. RANDALL."

(1927) 29 Ll L Rep 234

Practice-Collision-Joinder of parties- Writ issued against barge-owners- Barge-owners' allegation of blame against another vessel-Subsequent admission of liability of other vessel- Application to add owners of other vessel as defendants granted by learned Registrar but refused on appeal by learned Judge-Discretion of Court- Registrar's decision upheld - R.S.C., Order XVI, r. 11.

BELL v. SUN FIRE INSURANCE OFFICE.

(1927) 29 Ll L Rep 236

Insurance (fire)-Loss-Claim-Arbitration clause in policy-Dilatoriness of insurance company-Issue of writ-Action stayed-"Ready and willing to do all things necessary to the proper conduct of the arbitration"-Inference to be drawn from correspondence - Appeal from order staying action allowed- Arbitration Act, 1889, Sect. 4.

THE "EVERILDA."

(1927) 29 Ll L Rep 238

Mortgage of ship-Motion by mortgagees for judgment in default-Appraisement and sale - Priorities reserved - Wages of crew.

THE "ROYALSTAR."

(1927) 29 Ll L Rep 239

Shipmaster-Court of Inquiry at Singapore -Finding of neglect-Censure-Certificate not dealt with - Application to Board of Trade for re-hearing refused- Right of shipmaster to appeal-Jurisdiction -Merchant Shipping Act, 1894;, Sects. 475, 478-Merchant Shipping Act, 1906, Sect. 66.

GOOLE & HULL STEAM TOWING COMPANY, LTD. v. OCEAN MARINE INSURANCE COMPANY, LTD.

(1927) 29 Ll L Rep 242

Insurance (marine) - Damage to ship by collision-Particular average-Collision action settled on terms of both to blame -Assessment of damage-"Reasonable cost of the repairs"-Moiety recovered by assured from colliding vessel less than insured value-Liability of insurers - Measure of indemnity - Subrogation in case of partial loss-Marine Insurance Act, 1906, Sects. 16, 69 (1), 79 (2), 81.

GUARDIAN ASSURANCE COMPANY, LTD. v. COMMISSIONERS OF INLAND REVENUE.

(1927) 29 Ll L Rep 246

Revenue-Excess Profits Duty-Assessment -Company carrying on life and other insurance business - Whether to be treated as separate businesses for the purpose of Excess Profits Duty-Finance Act, 1915, Sect. 11-Finance (No. 2) Act, 1915, Sect. 40 (1).

COMMISSIONERS OF INLAND REVENUE v. J. GLIKSTEN & SON, LTD.

(1927) 29 Ll L Rep 249

Revenue-Corporation Profits Tax-Assessment - Timber company - Stock destroyed by fire-Insurance against fire -Amount recovered under policies- Whether to be included in profit and loss account as a trading receipt- Income Tax Act, 1918, Schedule D, Case I.

R. & H. GREEN & SILLEY WEIR, LTD. v. COMMISSIONERS OF INLAND REVENUE.

(1927) 29 Ll L Rep 250

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 carrying on the same trade or business . . ."-Intention of company-Case remitted to Commissioners for further findings-Finance (No. 2) Act, 1915, Fourth Schedule, Part I, Rule 6.

THE "METAGAMA."

(1927) 29 Ll L Rep 253

Collision in River Clyde - Plaintiff vessel beached in position No. 1 to prevent sinking-Subsequent slipping off bank and drift across river to position No. 2, parallel with river, where vessel taken charge of by navigation authorities and by salvage experts-Further alteration to athwart river (position No. 3)- Abandonment as total loss-Liability of defendant steamship for collision admitted - Measure of damage - Liability of defendants for damages resulting from vessel's No. 3 position- Whether collision the proximate cause -Novus actus interveniens - Onus of proof-Failure of defendants to prove negligence in respect of non-maintenance of vessel in position No. 3- Appeal dismissed.

THE "TOURAINE."

(1927) 29 Ll L Rep 265

Bill of lading-Damage to cargo (skins) by waters-Finding that water entered by hole in waste pipe from crew's wash-house; that hole was caused by negligence of member of crew - "Act, neglect, or default . . . in the management of the ship"-Surrender of statutory immunity-Whether to be inferred by needless repetition in bill of lading of another statutory immunity-Unseaworthiness - Whether "reasonably fit to be worked in the way which might ordinarily be expected" - Australian Sea Carriage of Goods Act, 1924, Schedule, Arts. IV (2) (a), V.

THE "GERTRUD."

(1927) 29 Ll L Rep 269

Collision action-Motion for judgment in default of appearance - Formal evidence of collision.

THE HOPPER "No. 14" AND ANOTHER.

(1927) 29 Ll L Rep 270

Collision between motor schooner, at anchor, and hopper in Lower Hope Reach, River Thames-Allegations of blame against hopper and another vessel -Finding that hopper was to blame on ground that if visibility was poor her speed was excessive; alternatively, that if visibility was good her look-out was bad.

THE "JANERA."

(1927) 29 Ll L Rep 273

Admiralty - Practice; - Action brought in Egypt by A against B - Cross-action brought in Egypt by B against A abandoned -Action brought by B against A in High Court-Action in Egypt pending -Defendant abroad as plaintiff here in similar proceedings-Whether sufficient ground for stay-Vexatious proceedings -Supreme Court of Judicature (Consolidation) Act, 1925, Sect. 41.

THE "PAKRI."

(1927) 29 Ll L Rep 275

Collision between steam drifter and steamship in North Sea-Denial that defendant ship was in collision - Onus of proof as to identity of colliding vessel- Plaintiffs' case accepted.

SETTLE, SPEAKMAN & CO., LTD. v. METAL UNION, LTD.

(1927) 29 Ll L Rep 278

Sale of goods-Price-Coal briquettes c.i.f. -Agreement between buyers and sellers that whole contract price should be paid, sellers paying freight-Sub-sale- Sub-buyers sued by shipowners for freight unpaid by original sellers-Legal right of or universal practice for buyer to deduct freight from contract price- Failure of consideration - Claim by buyers for return of freight unpaid allowed.

MISKIN MANOR SHIPPING COMPANY, LTD. v. HERBERT W. CLARKE & SONS (ERITH), LTD.

(1927) 29 Ll L Rep 282

Sale of goods (c.i.f.)-Delivery against documents -Cargo delivered by ship to consignees without production of bill of lading-Conversion by ship-Right of ship against consignees to freight and to indemnity against damages for conversion paid to consignors - Whether ship and consignees joint tortfeasors- Costs incurred by ship in defending action brought by consignors-Unreasonable expenditure.

BEIRA BOATING COMPANY, LTD. v. COMPANHIA DE MOCAMBIQUE.

(1927) 29 Ll L Rep 285

Charter-party-Loss of hired tug-Claim by owners against Portuguese company with governmental powers of requisition -Construction of terms of hire- Whether requisition-Right to indemnity - Authority of Governor of colony - Meaning of "avaria" - Whether wide enough to cover total loss - Subrogation - Right of insurer under Portuguese law-Value of tug.

GABELA v. OWNERS OF "ARIS."

(1927) 29 Ll L Rep 289

Arbitration-Award-Contract for sale of ship-Interim award against A (as owner) in favour of applicant-Amount repaid by A on account of purchase price-Final award against A as to damages-Second award unsatisfied- Judgment against A-Subsequent discovery that A was not true owner- Motion to remit award-Merger in judgment.

MAY & BUTCHER, LTD. v. JOHN W. COLE.

(1927) 29 Ll L Rep 291

Contract-Conversion of barge into motor yacht - Claim for balance of cost of materials and labour plus profit-Construction of agreement - Imperfect records of work done-Failure of plaintiffs to deliver monthly accounts - Judgment for defendant.

THE "MOSTYN."

(1927) 29 Ll L Rep 293

Negligent navigation-Damage by anchor to submerged electric cables in Swansea Docks-Action brought by dock-owners -"The owner of every vessel . . . shall be answerable . . . for any damage done by such vessel"-Damnum sine injuria-

Lloyd's Law Reports