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

(1928) 31 Ll L Rep 1

Revenue-Income Tax-Assessment-Timber company - Stock destroyed by fire - Insurance against fire at replacement value-Replacement value considerably in excess of book value - Amount recovered under policies-Whether to be included in profit and loss account as a trading receipt-Income Tax Act, 1918, Schedule D, Case 1.

GREEN STAR SHIPPING COMPANY v. LONDON ASSURANCE AND OTHERS.

(1928) 31 Ll L Rep 4

Marine insurance-Claim-Policies A, B and C issued by three insurers-Policy A containing arbitration clause- Action brought on policies-Proceedings under policy A stayed-Discretion of learned Judge-Onus of showing that dispute should not be referred to arbitration-Inopportuneness of two sets of proceedings-Order staying action discharged.

THE "CHANNEL QUEEN."

(1928) 31 Ll L Rep 7

Costs-Taxation-Collision action-Discontinuance by plaintiffs-Costs incurred in preparation of defence-Statements obtained from witnesses-Whether premature -

W. BOUMAN v. VICKERS-ARMSTRONG, LTD.

(1928) 31 Ll L Rep 9

Negligence-Damage to yacht by floating timber consequent upon launch of steamship by defendants-Finding of County Court Judge that defendants were negligent in improperly securing timber-Onus of proof-Whether upon plaintiff to prove that timber was improperly secured or upon defendants to prove that they properly secured it-Defendants' appeal dismissed.

THE "UNION."

(1928) 31 Ll L Rep 12

Collision between steamships in St. Lawrence River during fog-Finding of both to blame-Subsequent sinking of plaintiff vessel-Whether due to collision or to neglect of master in endeavouring to reach port-Whether ship should have been beached-Finding that sinking was a direct result of collision.

THE "KITTIWAKE."

(1928) 31 Ll L Rep 17

Collision between steamships in River Clyde-Allegation that plaintiff vessel was coming down river in her wrong water-Effect of fresh breeze on light ship-Dispute as to place of collision- Inference to be drawn from position of sunken wreck of plaintiff vessel- Finding that collision was due to defendant ship going to port-Judgment for plaintiffs.

COOPER, EWING & CO., LTD. v. NIPPON YUSEN KABUSHIKI KAISHA AND ANOTHER.

(1928) 31 Ll L Rep 20

Bill of lading-Loss of goods (silk)-Claim against shipowners and against insurers -Pilferage and theft-Finding that goods were abstracted either during transhipment or during discharge into Customs-Exception clause in bill of lading-Protection of shipowner-Insurance of goods from Yokohama to Sao Paulo via Santos-Warehouse to warehouse cover-"Claims must be surveyed at wharf only within seven days of arrival of steamer at port of discharge . . ." -Construction-Whether loss within ambit of policy.

THE "ALMINGUES."

(1928) 31 Ll L Rep 20

Ship's necessaries-Wages-Bottomry-Sale of ship-Order for payment out.

ANDREAS VERGOTTIS v. ROBINSON DAVID & CO., LTD.

(1928) 31 Ll L Rep 23

Charter-party - Discharging expenses- "Charterers' agents to pay cost of discharging cargo, pilotage, towage, and all port charges incidental to their cargo at the discharging port or ports" - Liability of bill of lading holders - "All the terms, provisions and exceptions contained in which charter are herewith incorporated and form part hereof"-"Freight prepaid" -Whether discharging expenses satisfied by payment out of freight collected on charterers' behalf-Effect of incorporation clause-Deviation-"To load at one, two or three United States Ports . . ."-Whether Destrehan part of port of New Orleans-Liberty of ship to use loading port a second time.

ASHBY, LTD. v. CAZALY, MILLS & CO., LTD.

(1928) 31 Ll L Rep 29

Cargo-Discharging and stacking expenses- Mixed cargo of bricks-Whether flat rate for discharging quoted by wharfingers -Whether an implied term that double bricks should be paid for at higher rate.

J. P. ROBERTSON, LTD. v. STEWART.

(1928) 31 Ll L Rep 30

Sale of goods-Rescission by buyer-Agreement by seller to hand over wreck, "all salved property, and the hulk M, and the services of diver for three weeks, all except 4/5 articles of silver and linen free of all debt wireless apparatus" -Construction-Removal of part of salved material by seller-Whether a material breach justifying buyer in rescinding-Sale of hulk-Failure of sellers to tender fixed machinery therein -Evidence-Admissibility of parol evidence to qualify verbal contract subsequently reduced to writing.

JEBARA v. IMPERIAL OTTOMAN BANK.

(1928) 31 Ll L Rep 37

Banking-Sale of goods-Goods purchased by plaintiff for correspondents abroad -Bills of exchange drawn on correspondents in sterling-"Please pay to our order value cheque on London the sum of £...... sterling" - Effect - Advances made by bank in England- Bills and shipping documents sent to foreign branch of bank for collection- Payment by correspondents to foreign branch of sum in piastres to raise sterling credit in England sufficient to meet bills-Intervention of war-Interruption of communication between foreign branch and branch in England -Currency depreciation-Account-Rate of exchange - Conversion - Agents of necessity-Treaty of Lausanne, Art. 84 -Whether collection "in a currency other than that mentioned in the contract."

MERCHANTS' MARINE INSURANCE COMPANY, LTD. v. LIVERPOOL MARINE & GENERAL INSURANCE COMPANY, LTD.

(1928) 31 Ll L Rep 45

Insurance - Reinsurance - Loss - Continuation of risk it vessel at sea at date original policy expired-Stranding during such continuance-"If the insured object is in a damaged condition at the time the insurance expires . . . the risk shall continue for the immediate consequences of such damage until the object, without unnecessary delay, has been repaired or sold"-Arrival at first port of destination-Position of safety-Vessel patched up-Continuance of voyage-vessel beached to prevent sinking-Total loss-Chain of causation-Whether loss an "immediate consequence" of original stranding.

THE "BUDENY."

(1928) 31 Ll L Rep 50

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 and of failure to reverse in time-Appeal and cross-appeal dismissed.

THE "HERO."

(1928) 31 Ll L Rep 52

Collision between barge (in tow of tug) and steamship in Limehouse Reach, River Thames-Tug in process of turning movement-Apportionment of blame between parties-Appeal by tug-Probabilities -Place of collision-Inference to be drawn from manoeuvres of tug- Finding that steamship improperly tried to cut across tug's bows-Principles guiding appeals from findings of Judge sitting alone-Appeal allowed.

THE "NAPIERIAN."

(1928) 31 Ll L Rep 59

Collision between steamships in English Channel during dense fog-Disputes as to speed and helm action-Admission by defendants of excessive speed-Finding that plaintiff vessel was guilty of excessive speed and of alteration of helm -Both found to blame-Apportionment: two-thirds; one-third-Plaintiff's appeal dismissed.

THE "INO."

(1928) 31 Ll L Rep 61

Collision between steamships in Bristol Channel-Defendant vessel with tug ahead-Whether plaintiff vessel affected by high spring tide-Finding that defendant vessel was in her wrong water and that collision was due to helm action in an endeavour to correct her error.

THE "EQUITY."

(1928) 31 Ll L Rep 65

Collision between steamships in River Scheldt-Plaintiff vessel coming out of side waters into main channel-Duty to give warning-Bad look-out-River Scheldt Regulations-Duty to give way to vessel proceeding up main channel- Failure of defendant vessel to reduce speed in face of apparent danger-Both found to blame-Apportionment: two-thirds; one-third.

THE "BLACK DEEP" AND THE "STANTON."

(1928) 31 Ll L Rep 69

Collision between steamship and dumb hopper (in tow of tug) in Lower Hope Reach during fog - Hopper following steamship S down river-Starboarding of hopper into steamship at anchor- Allegations by hopper that her helm action was a necessary consequence of turning signal given by S at improper time - Onus of proof - Finding that hopper was navigating too close to S, bearing in mind prevailing conditions (low visibility and strong ebb tide).

THE "STANTON."

(1928) 31 Ll L Rep 74

Collision between motor barge and steamship in Woolwich Reach-Deliberate helm action of barge taking her across steamship's bows-Absence of negligence of steamship-Bad look-out on barge-Failure of look-out man to appreciate his duties-Judgment for steamship.

FORDE v. SMITH.

(1928) 31 Ll L Rep 77

Company-Flotation-Claim for work done and expenses-Introduction of clients- Underwriting-Jury's verdict in favour of plaintiff.

MARMION v. JOHNSTON.

(1928) 31 Ll L Rep 78

Marine insurance-Loss of moored derrick barge over 50 years old during gale- Claim-Allegation that barge was unseaworthy -Jury's finding that barge was seaworthy and that sinking was due to storm.

McKELVIE & CO. v. MURRAY & CO.; ET E CONTRA.

(1928) 31 Ll L Rep 80

Sale of goods-Purchase of three cargoes (coal) - (1) Rejection of first cargo - Strict upward limit in size-Documents taken up and price paid-Coal tendered disconform to contract-Claim by buyers for recovery of price-Rejected coal left in hands of buyers' agent for disposal on sellers' behalf-Whether sold to best advantage-(2) Refusal to take delivery of second and third cargoes-Whether a qualified refusal or an anticipatory breach of contract justifying sellers in withholding delivery and suing for damages-Actings of parties prior and subsequent - Onus of proving that refusal was qualified - Knowledge of parties that "size" was vital.

THE "EL URUGUAYO."

(1928) 31 Ll L Rep 89

Collision between steamships in English Channel during dense fog-Acceptance by learned Judge of evidence that defendant vessel was proceeding at "dead slow" half an hour before collision -Excessive speed of plaintiff vessel -Plaintiff vessel found alone to blame -Appeal from Judge sitting alone- Great importance of witnesses' demeanour in box-Heavy burden of proving Judge to be wrong - Discrepancies between defendants' case and log-Many circumstances contributing to errors in log-Appeal dismissed.

FRENKEL v. MACANDREWS & CO., LTD.

(1928) 31 Ll L Rep 92

Bill of lading-Deviation-"With destination Liverpool . . ."-Cargo (barrels of oil) shipped at Malaga on from-Liverpool voyage-Damage to cargo during hurricane-Regular practice of defendants' steamships to proceed to Liverpool either "directo" or "via Levante"-Shipowners protected by bill of lading clauses - Knowledge of shippers that steamship was bound to Liverpool "via Levante."

CLEEVES WESTERN VALLEYS ANTHRACITE COLLIERIES, LTD., AND ANOTHER v. "PENELOPE" (OWNERS).

(1928) 31 Ll L Rep 96

Charter-party-Frustration-Employment of ship to carry successive cargoes of coal-"To be in force for 12 months . . . from date of notice of readiness to load for first voyage . . . to make as many voyages as she can over said period"-"Steamer not to be ordered to any loading port at which there is a strike in force"-"Steamer to be free to interpose a substantially similar voyage if charterers unable forthwith to order steamer to another loading port stipulated in charter, free of strike"-Coal strike-Universal stoppage of mines-Inability of charterers to employ vessel-Whether a delay contemplated by parties-Frustration of adventure-Effect of shipowners' option to accept substituted employment upon doctrine of frustration.

THE "MARGARITA CALAFATI."

(1928) 31 Ll L Rep 104

Bill of lading-Short delivery (cottonseed) -Weight unknown-Allegation that quantity of cargo was utilised by ship as fuel-Heavy burden of proof- Inference to be drawn from condition of cargo on arrival-Probability that cargo disappeared in direction of stokehold -Unsatisfactory evidence of ship as to sufficiency of bunker coal-Proof of amount shipped-Evidence of amounts carried to quay-High degree of probability of transference to ship.

RUSSIAN OIL PRODUCTS, LTD. v. CAUCASIAN OIL CO., LTD.

(1928) 31 Ll L Rep 109

Arbitration-Award-Motion to set aside on ground (1) of misconduct; (2) that award was bad in law on face of it- Charter-party-Charterers' option to discharge at any two ports within the charter range-Refusal of ship to proceed to second port-"I find that the charterers had not the right to order the steamer to a second port of discharge" - Authority of arbitrators to proceed with arbitration without "Counsel"-Interpretation of umpire's finding-Infinite variety of circumstances which might justify umpire's conclusion-"In an application to set aside the appellate tribunal is not concerned with the particular facts"- Motion dismissed.

"OLUF M'RSK" (OWNERS) v. DOODY.

(1928) 31 Ll L Rep 113

Pilotage-Pilot-Alleged breach of duty- Plaintiff vessel next in rotation-Obligation of defendant pilot to board intervening vessel-Discretion of pilot- Danger of piloting plaintiff vessel on night tide-Contract of service-Offer by pilot-Whether accepted by vessel putting out pilot flag-Pilotage Act, 1913, Sects. 44, 48 (1) (g) (i).

PORTER AND OTHERS v. BANK LINE, LTD.; MALCOLM & CO. AND OTHERS v. SAME; ROGERS-PYATT SHELLAC CO. v. SAME; RIEGEL SACK CO. v. SAME. (THE "POLERIC.")

(1928) 31 Ll L Rep 115

Bill of lading-Loss of cargo by fire-Spontaneous combustion - Fire statute of United States-Waiver of statute-Exception clause in bill of lading-". . . all the above exceptions are conditional on the vessel being seaworthy when she sails on the voyage . . ."-Precarious condition of machinery within knowledge of shipowner - Repairs effected after survey, but shipowner's knowledge of defects net communicated to surveyor- Finding that ship was unseaworthy and that there was negligence on shipowners' part-Likelihood of outbreak of fire through spontaneous combustion- Neglect of shipowner to take precautions - Whether unseaworthiness the proximate cause of fire-Unseaworthiness causing sufficient delay for incubation - Judgment for cargo-owners - Appeal dismissed.

THE "TAUNTON."

(1928) 31 Ll L Rep 119

Collision between ketch and steamship in Bristol Channel during hazy weather- Helm action of Ketch in process of navigation -Duty of steamship to keep clear -Collision Regulations, Art. 21-Keeping course and speed - Whether rule broken by helm action-Judgment for ketch-Appeal dismissed.

DEW v. UNITED BRITISH STEAMSHIP COMPANY, LTD.

(1928) 31 Ll L Rep 121

Workmen's Compensation-Personal injury to coal trimmer-Common law claim- Fall into hold-Shipowner's failure to fence hatch-Statutory breach-Continuing negligence-Finding of jury that effective causes of accident were (1) failure to fence; (2) negligence in leaving hatch uncovered in absence of fencing; (3) negligence of plaintiff- Learned Judge's request to jury to reconsider finding-Further finding that failure to fence was real effective cause-Misdirection-Practice-Right of Judge to re-direct jury who have found facts sufficient to justify Judge in giving judgment-Original finding a finding of contributory negligence-Factory and Workshop Regulations-S.R. & O., 1925, No. 231, Regulation 34 (a)-Judgment for shipowners.

THE "QUITADOR."

(1928) 31 Ll L Rep 129

Ship - Limitation of liability - Collision during trial trip of plaintiff vessel- Liability admitted by plaintiffs-Claim to limit liability-Whether collision due to owners' fault or privity- Allegation that steering gear was defective with privity of owners-Finding of learned Judge that collision was due to pilot's error of judgment-Owners not at fault-Declaration made.

THE "WHITBY ABBEY."

(1928) 31 Ll L Rep 132

Collision between steamships in North Sea during dense fog-Excessive speed of both vessels-Plaintiff vessel's improper whistle signal-Vessel with way sounding two-blast signals-Probable alteration of course of both vessels-Both found to blame.

CLAN LINE STEAMERS, LTD. v. BOARD OF TRADE.

(1928) 31 Ll L Rep 136

Charter-party-T.99-Requisitioned ship- Loss of C M by collision with W F - Whether marine or war risk-Finding of arbitrator, that C M was not engaged on warlike operation, upheld by Judge -Admission that W F was engaged on warlike operation-Proximate cause of loss - Sudden sheering of C M across bows of W F-Defective steering gear- Absence of negligence on part of W F -Finding by learned Judge that loss was due to fortuitous motion of C M and that it was not in consequence of a warlike operation.

N. V. OLIEFABRIEKEN T. DUYVIS, Jr. v. W. PORTER & CO. (ROTTERDAM).

(1928) 31 Ll L Rep 141

Sale of goods-Sub-sales-Damage to goods by sweat - "Sound delivered Rotterdam -Payment against documents including insurance policies - Claim by sub-buyers (plaintiffs) against their sellers (defendants) - Arbitration - Award in favour of plaintiffs-Insurance against sweat damage for shippers' (original sellers') account - Policies handed over by plaintiffs to shippers- Knowledge and consent of all parties- Whether payment of damages by defendants to plaintiffs conditional upon return of insurance policies to defendants.

THE "BRESLAU."

(1928) 31 Ll L Rep 145

Collision between steamships off May Island (Firth of Forth)-Vessels outward bound on parallel courses-Starboarding of plaintiff vessel in ordinary course of navigation with consequent opening of red light-Misunderstanding by defendants -Porting of defendant vessel into plaintiff vessel-Even accepting defendants' case that plaintiff vessel negligently came across her bows, the defendants should have stopped and reversed or have starboarded to a parallel course-Judgment for plaintiffs.

WOODS AND ANOTHER v. "ABOUKIR" (OWNERS.)

(1928) 31 Ll L Rep 147

Workmen's compensation-Claim by dependants -Members of crew drowned in returning to ship from pleasure trip ashore-Capsizing of boat in endeavour to take hold of ship's gangway- Whether an accident arising out of and in the course of their employment- Whether deceased men had reached sphere of their employment.

GREEN STAR SHIPPING COMPANY, LTD. v. LONDON ASSURANCE AND OTHERS.

(1928) 31 Ll L Rep 149

Marine insurance-Claim-Policies A, B and C issued by three insurers-Policy A containing arbitration clause-Losses under policies-Joinder of insurers as defendants - Application by insurers issuing A policy to have name struck out from writ-Multiplicity of proceedings -Discretion of Judge-Application dismissed.

FIRST RUSSIAN INSURANCE COMPANY. LTD. (IN LIQUIDATION) v. LONDON & LANCASHIRE INSURANCE COMPANY, LTD.

(1928) 31 Ll L Rep 151

Insurance-Reinsurance-Treaties between Russian (plaintiff) insurance company and English (defendant) insurance company-Liquidation of plaintiff company -Balance of accounts-Outward treaty-Risk undertaken by defendants reinsured by plaintiffs-Effect of Soviet Government legislation, prohibiting insurance companies from carrying on business in Russia, upon plaintiffs' business-Right to carry on business outside Russia-Execution of treaty in England and Russia-Manifold acts performed in London-Whether continuance of plaintiffs' business under outward treaties illegal-Power of attorney authorising agents to act on plaintiffs' behalf-Duration of agents' authority-Whether governed by English or Russian law-Doctrine of frustration -Construction-Continuation of contract after date of alleged frustration -Inward treaty-Balance due to defendants -Set-off - Whether plaintiffs' liability extinguished by Soviet decrees -Whether "right" or "remedy" destroyed - Statute of Limitations - Acknowledgment of debt, sufficient to oust statute, by plaintiffs' general manager-Authority to bind plaintiffs- Whether agents' authority determined by decrees.

THE "WEARHOME."

(1928) 31 Ll L Rep 151

Mortgage of ship-Non-appearance of mortgagors -Appraisement and sale-Possessory lien of shipbuilders-Wages of crew-Priorities reserved.

COTTER AND OTHERS v. NATIONAL UNION OF SEAMEN.

(1928) 31 Ll L Rep 165

Trade union-Legality of resolution authorising loan to miners' non-political movement-Action brought by members for declaration that resolution was ultra vires-Bona fide belief that resolution would be acted upon by union without approbation of a general meeting-Costs.

COMPANIA DE NAVEGACION, INTERIOR, S.A. v. FIREMAN'S FUND INSURANCE COMPANY AND OTHERS. (THE "WASH GRAY.")

(1928) 31 Ll L Rep 166

Insurance (marine)-Loss of inland water tug, in tow of steamship, on sea voyage -Non-disclosure of towage contract- Whether affecting insurers' right of subrogation-Allegation unaccepted that tug was negligently towed at too great a speed-Unseaworthiness-Tug unsuitable for sea voyage-Knowledge of insurers of exceptional circumstances covering risk-Higher premium exacted -No fixed or positive standard of seaworthiness -Whether "peril of the sea" has an absolute meaning.

HAIN STEAMSHIP COMPANY, LTD. v. BOARD OF TRADE.

(1928) 31 Ll L Rep 171

Charter-party-Requisitioned ship-T.99- Damage to requisitioned ship by collision, after Armistice but before signing of peace, with United States Government vessel returning with mines to America-Temporary cessation of hostilities-Whether damage a consequence of warlike operations-"Pertaining to or directly connected with war"-Negligence of both vessels- "Immediate and concurrent causes"- "Damage occasioned by a collision is none the less a consequence of a warlike operation because such operation is negligently conducted"-Judgment for shipowners against Crown.

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

(1928) 31 Ll L Rep 179

Insurance (marine)-Loss of cork lying on jetty at Algeciras awaiting shipment- Damage "which may reasonably be attributed to fire"-Jettison-Existing state of peril-Slip-Issue of policy subsequent to loss-Claim-Whether San Roque, eight miles inland from Algeciras, "any port or ports, place or places between Rordeaux and Nice . . ." -"Warehouse to warehouse" clause- Damage due to action taken by port and military authorities in extinguishing fire-Whether with f.c. and s. clause-Whether insurers justified in incorporating "fire clause" in policy not stipulated for in slip-Case referred back for finding of Arbitrator whether usual form of policy included such or similar "fire clause".

THE "HALIARTUS."

(1928) 31 Ll L Rep 185

Collision between steamships in River Elbe -Narrow channel-Finding that collision took place in defendants' water- Defendants' knowledge of plaintiffs' improper position in channel-Whether defendant vessel negligent in failing to signal helm action to give plaintiff vessel more room-Reasonable expectation that plaintiff vessel would correct error in time-Whether defendant vessel at fault for continuing at 10 knots-Plaintiff vessel found alone to blame.

THE "HARKAWAY."

(1928) 31 Ll L Rep 190

Negligence-Damage to plaintiff motor vessel-Defendant vessel at anchor in River Medina-Anchor embedded in fairway-Contact with fluke-Obstruction to navigation-Duty of defendants to warn approaching vessels of, or to mark, position of anchor.

THE "MANCHESTER CIVILIAN."

(1928) 31 Ll L Rep 193

Collision between steamships in River Thames-Plaintiff vessel emerging from Royal Albert Dock-Attempt by defendant vessel, moving from anchorage in river, to cross plaintiff vessel's stern- Warning given of plaintiff vessel's intended movements-Bad look-out- Judgment for plaintiffs.

THE "HIGHLAND GLEN."

(1928) 31 Ll L Rep 196

Negligent navigation-Damage to tug-Collision between tug and steamship-Negligence of tug-Liability under towage contract of vessel towed or about to be towed-Whether time of the essence of contract-Waiver of condition-Unreasonableness of contract -

THE "MALCOLM BAXTER, JR."

(1928) 31 Ll L Rep 200

Bill of lading-Damage to cargo-Unseaworthiness -Failure of shipowners to exercise due diligence - Involuntary deviation to port of refuge-Whether contract of affreightment displaced- Levy of government embargo during repairs-Whether damage due to embargo the result of unseaworthiness- "Restraint of prince"-Impossibility of performance - Illegality-Liability of shipowners limited to actual damage to cargo due to unseaworthiness and to delay in arrival at destination.

SMITH, HOGG & CO., LTD. v. LOUIS BAMBERGER & SONS.

(1928) 31 Ll L Rep 203

Charter-Discharging expenses (timber) -Claim by shipowners for expenses alleged to have been incurred on behalf of receivers-"Cargo to be brought to and taken from alongside the steamer at charterers' risk and expense as customary" - Construction - Whether custom inconsistent with charter-party terms-Discharge on to quay and into barges-Method of discharging timber at London Docks-Meaning of "alongside" -Custom of the port-Where receivers' obligation to take from alongside begins-The Turid, 10 Ll.L.Rep. 375, explained.

THE "BACCHUS."

(1928) 31 Ll L Rep 209

Collision between merchant vessel and warship in English Channel during dense fog-Duty to keep course and speed and to reduce way-Warship found alone to blame on ground of excessive speed; inattention to whistle signals ahead; alteration of course; and failure to take off way.

THE "FERMAIN."

(1928) 31 Ll L Rep 216

Collision between steamships in Barry Roads during dense fog-Plaintiff vessel at anchor-Defendant vessel proceeding without negligence to anchorage - Absence of efficient bell on anchored vessel-Duty of anchored vessel to warn shipping of her presence-Judgment for defendants.

THE "SILVERLIGHT."

(1928) 31 Ll L Rep 218

Collision, between steamships in Barry Roads during dense fog-Plaintiff vessel at anchor-Defendant vessel proceeding without negligence to anchorage - Absence of efficient bell on anchored vessel-Duty of anchored vessel to warn shipping of her presence-Judgment for defendants.

JAMES FINLAY & CO., LTD. v. N.V. KWIK HOO TONG HANDEL MAATSCHAPPIJ.

(1928) 31 Ll L Rep 220

Sale of goods (sugar, c.i.f. Bombay)-Documents -Discrepancy between bill of lading date and shipment date- September shipment (Java)-Sugar in lighters awaiting shipment in September but actually shipped in October- Refusal by sub-buyers to take delivery -Claim by buyers (plaintiffs) against defendants (sellers) for damages- Javanese custom permitting bill of lading to bear false shipment date not established-Breach of c.i.f contract- Fall in market value-Measure of damages-Sale of Goods Act, 1893, Sect. 53 (2).

C. G. ASHDOWN & CO., LTD. v. GODMAN.

(1928) 31 Ll L Rep 227

Sale of ship-Commission-Claim by brokers upon commission note - Commission note signed on assumption of firm contract between defendant (seller) and purchaser-Introduction of client to defendant-Quantum meruit.

STRINGO v. OWNERS OF CARGO EX STEAMSHIP "DORIS."

(1928) 31 Ll L Rep 230

Salvage-Agreement-Lloyd's form-Salvage of tins of oil from vessel stranded in ’gean Sea - Arbitration - Award - Salved cargo loaded in salvor's barge- Sinking of barge on voyage to Salonica -Counterclaim-Allegation of negligence against salvor rejected by arbitrator -Authority of salvor to dispose of or deal with salved cargo-Findings of fact-Award upheld.

ROZANES v. BOWEN.

(1928) 31 Ll L Rep 231

Insurance-Jeweller's block policy-Loss- Claim-Non-disclosure and concealment of material facts-Questions as to previous insurances and losses-Answers in proposal form incomplete and calculated to mislead - Uberrimae fidei - Disclosure of facts to foreign broker- Business placed by foreign broker through Lloyd's broker with Lloyd's underwriter - Knowledge of broker is not knowledge of underwriter-Policy avoided-Premium returned.

HOOD'S TRUSTEES v. SOUTHERN UNION GENERAL INSURANCE CO. OF AUSTRALASIA, LTD.

(1928) 31 Ll L Rep 237

Bankruptcy-Insurance (motor car)-Claim for damages by A against assured in respect of personal injuries - Right of assured to indemnity from insurance company-Bankruptcy of assured before judgment-Vesting of right of assured to indemnity in trustee in bankruptcy- Alleged right of insurance company to repudiate on account of assured's failure to satisfy conditions of policy-Agreement by assured, for consideration, after adjudication, to release insurance company from all liabilities under policy - Estoppel - Second bankruptcy -Adjudication after judgment-Position of second trustee in bankruptcy considered.

J. ARON & CO. (INC.) v. MIALL.

(1928) 31 Ll L Rep 242

Marine insurance-Damage to goods by rain and sea water-Purchase of goods c.i.f. by plaintiffs-Substantial part of damage sustained before shipment- Right of buyers to sue in respect of antecedent damage-Insurance "warehouse to warehouse" by sellers-Assignment of sellers' rights-Measure of damages-Arbitration between buyers and sellers-Whether award embraced defects in quality and water damage- Plaintiffs' claim upheld but reduced- Appeal dismissed.

THE "HALIARTUS."

(1928) 31 Ll L Rep 247

Negligent navigation-Damage to jetty in Manchester Ship Canal by defendant vessel H-Claim by canal company- Entry into lock-Duty to hold back bearing in mind steamship D C already in lock-Allegation, that plaintiffs' servants were negligent in releasing flood water at material time, rejected by learned Judge-Finding that defendant vessel was negligent; further, that plaintiffs' servants were negligent in failing to keep back the D C, but that that negligence could by reasonable care and skill have been avoided by defendant vessel-Judgment for plaintiffs.

THE "MONTROSE."

(1928) 31 Ll L Rep 254

Salvage-Services rendered by eight tugs to large vessel adrift in Liverpool dock- Violent storm-Effective service-Vessel secured in berth-£4000 awarded on salved values of £420,000.

THE "CISIL."

(1928) 31 Ll L Rep 258

Collision between steamships in North Sea during dense fog-Both found to blame for excessive speed and failure to stop.

LIND v. MITCHELL.

(1928) 31 Ll L Rep 262

Marine insurance-Loss of ship-Claim by assured (mortgagee)-Ship holed by ice, set on fire and abandoned by master- Suspicious circumstances-Insufficient evidence of motive fraudulently to destroy ship-Finding that vessel was damaged by peril insured against but that she was prematurely abandoned- Judgment for plaintiff-Remarks of learned Judge as to position of innocent mortgagee where vessel, having suffered peril insured against, is fraudulently abandoned by master.

THE "COPELAND" AND THE "STARLING."

(1928) 31 Ll L Rep 269

Collision between barge and steamship in Blackwall Reach - Joint defendants- Allegation by first defendants that collision was the inevitable result of second defendants' negligence - Vessel approaching a narrow bend in the Thames against the tide-Duty to ease and stop - Port of London River By-laws, 1914-26, Nos. 33 and 36 - Second defendants found alone to blame.

THE "THAMES III" AND THE "K.B.S."

(1928) 31 Ll L Rep 274

Negligence - Damage to barge - Barge moored to motor barge in tideway of River Thames-Rope cast off by motor barge preparatory to proceeding - Undue strain upon remaining moorings -Breaking adrift of barge-Liability of motor barge.

LEWIS JONES v. J. HOWELL-PRICE.

(1928) 31 Ll L Rep 277

Libel and slander-Claim by pilot against master of vessel for damages-Allegations that pilot was suffering from effects of alcohol and unfit to act as pilot-Justification-Qualified privilege -Finding of jury that statements made by defendant were untrue in substance and fact but that defendant did not act maliciously-Judgment for defendant.

BURNARD & ALGER, LTD. v. PLAYER & CO.

(1928) 31 Ll L Rep 281

Bill of lading-Damage to cargo by sea water-Uncovering of hatchway during voyage through stress of weather-Peril of the sea-Unseaworthiness-Exception clauses provisional upon vessel being seaworthy "when she sails on her voyage"-Implied undertaking by shipowner that ship shall be seaworthy at every stage of voyage-Depletion of crew during voyage-Crew insufficient properly to attend to hatch covers Judgment for cargo-owners.

B. JACOB & SONS, LTD. v. BENNETT'S HAULAGE, WAREHOUSING & WHARFAGE COMPANY, LTD.

(1928) 31 Ll L Rep 284

Negligence-Damage to barge during shifting of position at defendants' wharf- Fall of timber owing to defendants' servants' negligence-Licensees-Notice displayed at wharf exempting wharfowners from liability for any damage done to any craft using wharf-Forbes, Abbott & Lennard v. Great Western Railway, 29 Ll.L.Rep. 117, followed - Judgment for wharfowners.

MESSERS, LTD. v. "KOIT" (OWNERS OF).

(1928) 31 Ll L Rep 286

Charter-party-Capacity of vessel-Failure to load complete cargo-Alleged breach of warranty - Improper stowage - Measure of damage.

THE "DAISY LITTLE."

(1928) 31 Ll L Rep 287

Collision between tug and anchored sailing barge in River Thames during dense fog -Sailing barge at anchor-Tug proceeding to anchor - Failure of anchored vessel to sound her bell-Whether tug guilty of contributory negligence in navigating in fog-Judgment for tug.

THE "CANTON."

(1928) 31 Ll L Rep 289

Collision between steamships in Great Bitter Lake, Suez Canal - Vessels originally on following courses-Leading vessel intending to anchor off fairway -Dispute as to relative positions of vessels immediately preceding collision -Finding that vessels were on crossing courses-Failure of give-way vessel to give way-Negligence of stand-on vessel in altering her course and speed and in failing to signal her manoeuvres- Both to blame in equal proportions- Costs where appellant partly successful.

THE "MAI."

(1928) 31 Ll L Rep 293

Collision between steam trawlers in North Sea - Vessels on crossing courses - Failure of give-way ship to give way- Engine action by stand-on vessel in endeavour to avoid immediate peril - Judgment for stand-on vessel.

THE "BRITISH AMBASSADOR."

(1928) 31 Ll L Rep 299

Collision between steamships in Firth of Forth in patchy fog-Plaintiff vessel to blame for excessive speed; not stopping; and helm action-Defendant vessel to blame for excessive speed-Apportionment: two-thirds; one-third.

THE "CLYNE ROCK."

(1928) 31 Ll L Rep 303

Collision between ketch and steamship in English Channel-Sighting of ketch by steamship in time to avoid collision- Failure of steamship to prove that ketch altered her course or was carrying no lights-Judgment for ketch.

WESTMINSTER BANK v. BANCA NAZIONALE DI CREDITO AND OTHERS.

(1928) 31 Ll L Rep 306

Banking-Sale of goods-Opening of credit by foreign buyers in favour of sellers (second defendants)-Mandate given by foreign bank (first defendants) (buyers' bankers) to English bank (plaintiffs)- Liability of foreign bank upon mandate or of sellers upon indemnity-Terms of credit - Acceptance against full sets of bills of lading - Bills of exchange presented to plaintiff bank by sellers for acceptance against documents - Full sets of bills of lading not presented-Bills of exchange accepted by plaintiff bank upon indemnity given by sellers-Construction of indemnity -Implied right of bank to refuse tender of bills of lading unless clean- Goods taken up by buyers (by arrangement with sellers) without bills of lading-Ordinary course of business- Ratification-Judgment for plaintiffs upon indemnity.

VLASSOPOULOS v. BRITISH & FOREIGN MARINE INSURANCE COMPANY, LTD.

(1928) 31 Ll L Rep 313

General Average - York-Antwerp Rules, 1924- (1) Accident to ship while loading- Ship not in danger-Expenses. (2) Accident to ship on voyage - Danger not immediate but real- Expenses of port of refuge. Construction of rules - Relation between lettered and numbered rules - Predominance of lettered rules - Rules A, B and C; 10, 11 and 20.

IN RE NATIONAL BENEFIT ASSURANCE COMPANY, LTD.

(1928) 31 Ll L Rep 321

Insurance - Reinsurance - Participation agreement - Claim by insurance company to prove in liquidation of participating company - True character of agreement-Test to be applied-Partnership agreement and reinsurance treaty contrasted-Contract of sea insurance- Necessity for stamping-Proof rejected by liquidator-Appeal dismissed.

PILAVACHI & CO. v. BANK OF ATHENS.

(1928) 31 Ll L Rep 325

Banking-Sale of goods-Negligence of bank -Failure of bank to make proper tender of documents to buyers-Measure of damage-Goods shipped by sellers not in conformity with contract-Right of buyers to reject-Rejection by buyers on ground of non-conformity - Substituted proposal that buyers should take up documents and pay draft on indemnity to repay balance found due by arbitrator-Alleged duty of bank to communicate proposal to sellers - Exhaustion of mandate - Whether bank liable for misfeasance as gratuitous bailees-Nominal damages awarded against bank, sellers paying costs.

CLAN LINE STEAMERS, LTD. v. BOARD OF TRADE.

(1928) 31 Ll L Rep 329

Charter-party-T.99-Requisitioned ship - Loss of C M by collision with W F- Whether marine or war risk-Finding of arbitrator, that C M was not engaged on warlike operation, upheld by Judge- Admission that W F was engaged on warlike operation-Proximate cause of loss-Sudden sheering of C M across bows of W F-Defective steering gear- Absence of negligence on part of W F- Finding by learned Judge that loss was due to fortuitous motion of C M and that it was not in consequence of a warlike operation-Appeal, by a majority, dismissed.

THE "HOMEWOOD."

(1928) 31 Ll L Rep 336

Salvage-Services rendered by tug to steamship - Towage or salvage - Steamship previously in tow of tug under towage contract - Breaking adrift - Steamship anchored-Crew taken off by lifeboat- Subsequent resumption of towage without knowledge of steamship's crew - Assistance of tow relinquished-Steamship's anchors cut away-No justification for precipitate action on part of tug-Risks run unnecessarily-Damage sustained by tug-Loss of anchors set off against salvage claim-Judgment in respect of towage services-No costs.

THE "BARROW DEEP" AND THE "No. 8."

(1928) 31 Ll L Rep 341

Collision between steamship and hopper barge in River Thames-Hopper barge (in tow of hopper) crossing river - Steamship bound up-Duty of vessel to cross at proper time having regard to vessels navigating up and down river- Thames By-laws, No. 34-Judgment for steamship.

THE "UNION."

(1928) 31 Ll L Rep 341

Collision-Limitation of liability.

THE "KOTA RADJA."

(1928) 31 Ll L Rep 345

Salvage-Services rendered by tug to motor vessel seriously damaged by collision in River Thames-Valuable services-£500 award on salved values of £297,000.

WALFORD LINES, LTD. v. PORTHLEVEN HARBOUR & DOCKS COMPANY.

(1928) 31 Ll L Rep 347

Negligence - Damage to steamship - Bad berth - Further allegation that defendants (harbour authority) were negligent in failing in heavy weather to protect harbour with baulks of timber - Onus of proof-Finding that berth was safe and that shipowners had not discharged the onus of proof-Evidence of previous damage to vessel-Judgment for harbour authority.

PRICE BROTHERS & CO., LTD. v. C. E. HEATH.

(1928) 31 Ll L Rep 352

Insurance (fire)-Loss of standing timber (Canada)-Claim-Defence of misrepresentation -Average value of timber per square mile - Issue of debentures by plaintiffs-Insurance by way of security -Timber insured in blocks - Money franchise and limited risk in respect of each block-Knowledge of underwriter that proposed insurance was not an insurance for the full value of the timber; of the proposed debenture issue; and of the desire only to secure such issue-Defence of misrepresentation not made out.

TURNER, NOTT & CO., LTD. v. THE LORD MAYOR, ALDERMEN AND BURGESSES OF THE CITY OF BRISTOL AND D/S A/S DAGBJORG.

(1928) 31 Ll L Rep 359

Bill of lading-Discharge of cargo by shipowners into warehouse-Late arrival of bills of lading - Allegation by cargo-owners that vessel was prematurely discharged -Implied term of contract that shipowners should wait for a reasonable time for cargo-owners to appear or give orders-Breach-No appreciable damage - Demurrage expenses prevented - Nominal damages awarded.

Lloyd's Law Reports