i-law.com

McPHERSON AND ANOTHER v. FIDELITY PHOENIX FIRE INSURANCE COMPANY OF NEW YORK.

(1925) 21 Ll L Rep 1

Insurance (Canada)-Statutory conditions of policy-Variation-Petition for leave to appeal dismissed.

BANKERS' & SHIPPERS' INSURANCE COMPANY OF NEW YORK v. LIVERPOOL MARINE & GENERAL INSURANCE COMPANY, LTD.

(1925) 21 Ll L Rep 2

Arbitration - Submission - Agreement to arbitrate contained in reinsurance treaty between American and English companies-Remedy under American Arbitration Act, 1920, in case of default by one party in appointing arbitrator.

LIBERTY NATIONAL BANK OF NEW YORK v. BOLTON.

(1925) 21 Ll L Rep 3

Insurance-Banker's policy guaranteeing against theft by bank's servants-Whether fraud by cheque (or only losses by physical abstraction of securities) covered by policy.

THE "LITTORAL."

(1925) 21 Ll L Rep 9

Salvage-Late appearance.

THE "OEHRINGEN."

(1925) 21 Ll L Rep 9

Collision-Limitation of liability.

EINAR BUGGE A/S v. W. H. BOWATER, LTD.

(1925) 21 Ll L Rep 9

Sale of goods-Coal sold f.o.b. to be shipped in accordance with the custom of the port (Delagoa Bay)-Ship chartered by buyer to carry cargo-Delay in tendering cargo-Action to recover from seller demurrage paid by buyer to shipowner -Exception as to strikes in sale contract -Whether seller obliged to have sufficient coal available for use of tip appliance when ship's turn arrived.

THE "PUFFIN."

(1925) 21 Ll L Rep 10

Collision between steamship and dredger in River Mersey-Steamship zigzagging to avoid her own smoke - Disputed courses and place of collision - Manoeuvres of dredger in crossing channel- Mersey Rule No. 10.

THE "BADIA."

(1925) 21 Ll L Rep 13

Collision in River Thames between dumb barge (in tow) preparing to round upriver and tug-Disputed courses and signals-Defective look-out.

THE "EDITH."

(1925) 21 Ll L Rep 15

THE "PLAWSWORTH."

(1925) 21 Ll L Rep 18

Collision in River Thames-Failure of overtaking steamer to keep out of way of overtaken steamer - Manoeuvres hampered by sailing vessel crossing river ahead of both steamers.

THE "VIKINGSTAR."

(1925) 21 Ll L Rep 21

Negligence-Fire on steamer undergoing repair-Whether caused by negligent dropping of hot rivets.

M. SAMUEL & CO. v. MORRIS AND OTHERS.

(1925) 21 Ll L Rep 22

Contract-Guarantee policies subscribed by defendants-Loans by bankers on security of bills of exchange purporting to have been accepted by purchasers of motor carts on hire-purchase terms- Policies guaranteeing purchasers' bills- Privity of contract between underwriters and bankers-Whether bills sued upon purchasers' bills or accommodation bills -Estoppel.

WASSERMANN v. DARE AND OTHERS.

(1925) 21 Ll L Rep 25

BEATTIE CHILD & CO., LTD., AND W. B. BEATTIE v. GLOBE AND RUTGERS FIRE INSURANCE COMPANY OF NEW YORK AND MALONE.

(1925) 21 Ll L Rep 29

Insurance broker - Commission on reinsurance business-Application for declaration as to effect of judgment already delivered.

GEORGE COHEN, SONS & CO. v. STANDARD MARINE INSURANCE CO., LTD.

(1925) 21 Ll L Rep 30

Insurance - Marine - Hulk insured while being towed from Chatham to Brake and after arrival - Vessel abandoned by tugs during voyage-Whether actual or constructive total loss-Salvage impossible without interfering with Dutch dykes-Permission of Dutch outhorities necessary-Restraint of princes-Unseaworthiness -Privity of assured-Disclosure -Notice of abandonment-Wording -Reasonable time.

BUERGER v. CUNARD STEAMSHIP CO.

(1925) 21 Ll L Rep 38

Bill of lading - Loss of goods - Goods shipped to Odessa-Odessa found to be closed to navigation - Bill of lading surrendered and goods sent on to other ports-Whether fresh bill of lading contract implied-Liability excepted in original bill of lading for packages exceeding £20 in value unless declared: whether exception applicable to substituted contract.

A. WILKINSON v. S. J. WHITE.

(1925) 21 Ll L Rep 40

Marine Insurance-Fire damage-Yacht's landed and stored gear destroyed - Yacht sold without replacement of stores and gear-Amount recoverable- Reasonable cost of replacement - Particular average or total loss of part of subject-matter of insurance.

HALL v. EVANS.

(1925) 21 Ll L Rep 44

Pilotage - Dues - Bristol Channel - Noncompulsory area-Pilot taken on board at Nash Roads (212 miles from Penarth Roads) for employment from Penarth Roads to Cardiff-Whether entitled to fees as from Nash Roads to Cardiff- Whether any services rendered between Nash and Penarth.

MITSUBISHI SHOJI KAISHA, LTD. v. S. SOSKIN & CO., LTD.

(1925) 21 Ll L Rep 46

Sale of goods (soya bean oil in bulk)- "Shipment February or first half of March per steamship . . ."-"Terms and conditions subject to . . . Association Form No. 44"-Form in course of alteration-Consensus ad idem- Force majeure-Arbitration - Special case referred back to arbitrators for further information.

EVANS v. CORNISH SALVAGE COMPANY (1918), LTD.

(1925) 21 Ll L Rep 48

Trespass-Salvage of ship-Blasting operations -Damage to foreshore.

IN RE SUNDERLAND PROTECTING & INDEMNITY ASSOCIATION.

(1925) 21 Ll L Rep 48

Company-Extension of objects.

MACLEAN v. CLAN LINE STEAMERS.

(1925) 21 Ll L Rep 49

Procedure (Scotland)-Damages for widow of ship's engineer killed in collision assessed by jury-Other similar cases pending - Extract of pursuer's decree superseded to give time to defenders to decide weather to limit their liability.

IN RE SOVEREIGN SHIPPING COMPANY.

(1925) 21 Ll L Rep 49

Company - Shares - Motion to rectify register.

PARKER & CO. (SANDBANK), LTD. v. WESTERN INSURANCE CO. AND UNITED BRITISH INSURANCE CO.

(1925) 21 Ll L Rep 52

Insurance-Fire-Parol contract-Subjects insured burnt before cover notes delivered-Liability.

OWNERS OF "PETER M'RSK" v. GIBB & AUSTINE.

(1925) 21 Ll L Rep 53

Freight-Pit props-Unit of charge for freight-Intaken piled fathoms.

OWNERS OF "ALLIE" v. KIMBER COAL CO., LTD.

(1925) 21 Ll L Rep 53

Charter-party - Demurrage - Whether defenders agents for charterers or themselves principals.

GLANVILL, ENTHOVEN & CO. v. COMMISSIONERS OF INLAND REVENUE.

(1925) 21 Ll L Rep 55

Revenue-Excess Profits Duty-Deduction of employee's remuneration - Underwriting agents' authorised clerk for underwriting marine risks at Lloyd's- Whether concerned in management of business.

IN RE RAILWAYS ACT, 1921; IN RE SETTLEMENT OF THE SCHEDULES OF STANDARD CHARGES.

(1925) 21 Ll L Rep 57

Railways-Rates for goods traffic-Ascertainment of standard revenue-Undivided profits: whether capital "raised and provided"-Railways Act, 1921, Sect. 58 (1) (b).

ORANJE, LTD. v. SARGANT & SONS.

(1925) 21 Ll L Rep 58

Sale of goods c.i.f.-Documents-Insurance policy to be with particular average- Particular average excluded from policy - Breach of contract - Measure of damages-Goods damaged-Damages measured by the amount recoverable in similar circumstances from an underwriter.

THE "JUPITER."

(1925) 21 Ll L Rep 61

International law - Jurisdiction - Ship - Ownership-Confiscated ship sold by foreign state to Italian buyers-Claim by previous owners (a Russian navigation company) for possession of ship- Motion on behalf of Italian buyers to set aside writ.

THE "LORD STRATHCONA."

(1925) 21 Ll L Rep 64

Mortgage of ship-Appraisement and sole.

THE "VIKINGSTAR."

(1925) 21 Ll L Rep 65

Negligence - Fire on steamer undergoing repair - Whether caused by negligent dropping of hot rivets by repairers or negligence of shipowners' workmen in using candles or while smoking.

THE "TERRIER."

(1925) 21 Ll L Rep 70

Collision in River Plate-Disputed courses.

CROWN v. FOX AND ANOTHER.

(1925) 21 Ll L Rep 72

Ship-Survey of passenger seamers-Board of Trade certificate-Merchant Shipping Act, 1894, Sect. 271-Contravention.

NORDENFJELDSKE STEAMSHIP CO. v. ARCOS, LTD.

(1925) 21 Ll L Rep 73

Charter-party-Freight on timber cargo- Cargo to be of deals, battens and boards with sufficient ends for broken stowage only-Boards above one-third cargo and ends above those used for broken stowage to pay 3s. per standard extra freight-Freight for ends for broken stowage to be two-third-Should ends be shipped in excess of quantity required for broken stowage, 5 per cent. of cargo to pay two-thirds freight- Cargo loaded 40 standards deals, 930 standards boards and 51 standards ends -No ends required for broken stowage -Ascertainment of freight.

CLEVELAND TWIST DRILL COMPANY (GREAT BRITAIN), LTD. v. UNION INSURANCE SOCIETY OF CANTON, LTD.

(1925) 21 Ll L Rep 74

Marine insurance-Loss of goods in heavy cases-Claim for pilferage-Proof of cause of loss-Misdelivery or pilferage.

EVANS AND ANOTHER v. CORNISH SALVAGE COMPANY (1918), LTD.

(1925) 21 Ll L Rep 76

Trespass-Salvage of ship-Blasting operations -Damage to foreshore.

IN RE TOWN LINE (LONDON), LTD.

(1925) 21 Ll L Rep 76

IN RE ROYAL SOVEREIGN STEAMSHIP COMPANY, LTD.

(1925) 21 Ll L Rep 76

Company-Liquidation.

PORT OF MANCHESTER WAREHOUSES, LTD. v. LONDON MIDLAND & SCOTTISH RAILWAY.

(1925) 21 Ll L Rep 77

MICHALINOS & CO. v. LOUIS DREYFUS & CO.

(1925) 21 Ll L Rep 79

Charter-party containing clause: "Detention by . . . ice from Braila down to Sulina . . . shall not count as lay-days" - Demurrage and detention - Whether detention by ice after attempt to commence part loading for account of charterers or owners-One of several ways of loading previously selected by charterers.

EINAR BUGGE A/S. v. W. H. BOWATER, LTD.

(1925) 21 Ll L Rep 80

Sale of goods - Coal sold f.o.b. to be shipped in accordance with the custom of the port (Delagoa Bay)-Ship chartered by buyer to carry cargo-Delay in tendering cargo-Shortage of railway trucks - Strike and its after-effects - Action to recover from seller demurrage paid by buyer to shipowner-Exception as to strikes and railway derangements in sale contract-Whether seller obliged to have sufficient coal available for use of tip appliance when ship's turn arrived.

HERBERT DICKINSON, LTD. v. ARCOS, LTD.

(1925) 21 Ll L Rep 83

Sale of goods-Price-Construction of provision for payment in gold in Esthonia- "Gold to be of standard quality accepted . . . at the price ruling for bar gold in London on the day of payment" -Whether price to be statutory price, or price for exportable gold, or price for non-exportable gold for industrial purposes.

BANKERS' & SHIPPERS' INSURANCE COMPANY OF NEW YORK v. LIVERPOOL MARINE & GENERAL INSURANCE CO., LTD.

(1925) 21 Ll L Rep 86

Arbitration - Submission - Agreement to arbitrate contained in reinsurance treaty between American and English companies - Remedy under American Arbitration Act, 1920, in case of default by one party in appointing arbitrator.

THE "RAVENSPOINT" AND THE "STARFINCH."

(1925) 21 Ll L Rep 95

Collision in River Clyde-Liability admitted.

THE "ALLY."

(1925) 21 Ll L Rep 97

Ship's necessaries-Mortgage-Priorities- Procedure in a case where a vessel is arrested and there is an application at the instance of necessaries men for judgment and an order for appraisement and sale.

THE "TERRIER."

(1925) 21 Ll L Rep 98

Collision in Indio Channel (River Plate)- Plaintiff steamship entering channel on her own side met by defendant steamship crossing channel - Contributory negligence-Failure of plaintiff ship to give port helm signal.

VAN NIEVELT, GOUDRIAAN & CO.'S STOOMVAART MAATSCHAPPIJ v. C. A. FORSLIND & SON, LTD.

(1925) 21 Ll L Rep 104

Charter-party - Demurrage - "Arrived ship"-Lay days-West Hartlepool- Discharge only possible in dock on to quay or only wagons on quay-Delay in waiting for a discharging berth.

THE "KATHLEEN."

(1925) 21 Ll L Rep 104

Negligent navigation - Limitation of liability - Claim opposed - Allegation of defective condition of engines with privity of claimants.

MARSHAL SHIPPING COMPANY, LTD. v. BOARD OF TRADE.

(1925) 21 Ll L Rep 105

Emergency legislation - Payment under duress-Claim for return of moneys paid to authorities to allow sale of British ship to foreign buyers

BROWN v. SPERRY GYROSCOPE COMPANY.

(1925) 21 Ll L Rep 107

Patent-Infringement-Gyroscopic compass -Defence of non-infringement and of invalidity for want of novelty, subject-matter and utility.

IN RE SOVEREIGN SHIPPING COMPANY.

(1925) 21 Ll L Rep 113

Company-Share-Motion to rectify register.

THE "CHEKIANG."

(1925) 21 Ll L Rep 115

Collision-Damages-Objections to Registrar's report-Detention of H.M. ship; pay and allowances of officers and men -Overhaul shortly due and carried out at same time as collision repairs-Test as to whether overhaul then obligatory.

ENGLISH NAVIGATION & TRADING COMPANY, LTD. v. ATTORNEY-GENERAL OF KENYA.

(1925) 21 Ll L Rep 115

Arbitration - Award - Enforcement - Award against Government of Eastern Africa Protectorate-Damages for loss of ship sunk by military operations while carrying Government cargoes and passengers - Application for enforcement of award dismissed-Appeal.

THE "JUPITER."

(1925) 21 Ll L Rep 116

International Law - Jurisdiction - Ship - Ownership - Confiscated ship sold by foreign state to Italian buyers-Claim by previous owners (a Russian navigation company) for possession of ship- Motion on behalf of Italian buyers to set aside writ.

THE "RUAPEHU."

(1925) 21 Ll L Rep 119

Repairs to ship - Negligence - Core and skill-Outbreak of fire on ship under repair-Alleged improper use of naked lights and other negligences.

THE "SANDRAIL."

(1925) 21 Ll L Rep 120

Collision (between steamship in tow of tug and hopper barge in tow of steam dredger) in narrow channel of River Wear in fog-Absence on both sides of proper care in approaching bend in river.

THE "ELLA."

(1925) 21 Ll L Rep 122

Salvage-Small disabled German schooner towed into West Hartlepool by trawler -Application for judgment in default of appearance.

THE "BRIAN BORU."

(1925) 21 Ll L Rep 123

Negligence-Damage to barge-Uneven berth.

THE "KILMARNOCK."

(1925) 21 Ll L Rep 123

Salvage - Small disabled steamship towed form near Tuskar to Milford Haven.

THE "SUSQUEHANNA."

(1925) 21 Ll L Rep 126

Collision-Objection to Registrar's report- Loss of use of Admiralty oiler-Vessel not employed in profitable service-Sum which vessel might have earned on hire not to be taken into account.

AKTIEBOLAGET NORDISKA LLOYD v. J. BROWNLIE & CO. (HULL), LTD.

(1925) 21 Ll L Rep 128

Charter-party-Construction of cancelling clause-Whether notice of readiness to load of arrived ship necessary before option to cancel arises.

SOC. DU GAZ DE PARIS v. SOC. ANON. DE NAV. "LES ARMATEURS FRANCAIS" OF PARIS.

(1925) 21 Ll L Rep 131

Conflict of laws-Forum non conveniens- French subject sued by another French subject in Sheriff Court of Dumbarton for failure to deliver goods (under a charter-party executed in France) at a French port-Subrogation of rights of nominal pursuers to British underwriters -Arrestment to found jurisdiction.

MATHIE v. THE ARGONAUT MARINE INSURANCE COMPANY, LTD.

(1925) 21 Ll L Rep 145

Insurance (Marins)-Loss of cargo-Claim- Defences of non-disclosure of material fact (valuation including fright already insured) and over-insurance- Test as to whether over-valuation sufficient to change a business transaction into a merely speculative one.

THE "ZELO."

(1925) 21 Ll L Rep 147

Apportionment among salvors, shipowners and cargo-owners of damages awarded for interference with salvage operations -Collision with sunken wreck.

THE "KELSOMEAD."

(1925) 21 Ll L Rep 147

Collision damages-Objection to Registrar's report-Loss of time due to injury to thrust shaft-Whether injury caused by collision.

THE "ELECTRA."

(1925) 21 Ll L Rep 148

Collision in North Sea in foggy weather- Disputed course-Excessive speed in fog-Both vessels to blame.

GENERAL ACCIDENT, FIRE & LIFE ASSURANCE CORPORATION, LTD. v. CAMPBELL.

(1925) 21 Ll L Rep 151

Insurance of subscribers to newspaper-Re-insurance -Defence of misrepresentation and non-disclosure-Experience of reinsured company-Outstanding claims- Materiality - Waiver of disclosure - Election.

COMYN v. WOOLCOCK.

(1925) 21 Ll L Rep 159

Pilotage-Interpleader issue-By-law made by pilotage authority taking for distribution among other Channel pilots percentage of fees earned by pilots chosen by certain shipping lines- Whether ultra vires.

RENNACID CASEIN, LTD. v. NELSON STEAM NAVIGATION COMPANY, LTD.

(1925) 21 Ll L Rep 162

Bill of lading-Damage to perishable goods carried in deckhouse-Deckhouse not a watertight receptacle-Power reserved to shipowner in bill of lading to carry in deckhouses at master's option and shipper's risk.

LEWIS AND OTHERS v. CLAN LINE STEAMERS. SAME v. LAIRD LINE.

(1925) 21 Ll L Rep 165

Negligence-Shipowner's contract to carry passengers - Steamships in collision - Negligence admitted - Ticket issued subject to special conditions of carriage -Reasonably sufficient notice of special conditions not given-Measure of damages (special expenses consequent on injuries; solatium for suffering and inconvenience; compensation for patrimonial loss).

ABRAM STEAMSHIP CO. (IN LIQUIDATION) AND ANOTHER v. ABRAM.

(1925) 21 Ll L Rep 167

Company - Liquidation - Sale of ship to company by defender (a manager thereof) - Gratuitous alienation to the prejudice of company's creditors of part of price-Act XVIII. of 1621 (James VI.)-"Confident Person."

CLARK (or THOM) v. J. & P. HUTCHISON, LTD.

(1925) 21 Ll L Rep 169

Life Claim-Collision-Compulsory pilotage -Alleged negligence of pilot-Merchant Shipping Act, 1894, Sect. 633 (now repealed)-Pilotage Act, 1913, Sect. 15- Defence of common employment.

ATTORNEY-GENERAL FOR NEW BRUNSWICK v. CANADIAN PACIFIC RAILWAY CO. AND ANOTHER (ATTORNEY-GENERAL FOR CANADA, INTERVENANT).

(1925) 21 Ll L Rep 171

Obstruction of river (Canada) by building of bridge-Control of navigation; whether vested in Dominion of Canada or Province of New Brunswick.

UNITED STATES SHIPPING BOARD v. FRANK C. STRICK & CO., LTD.

(1925) 21 Ll L Rep 173

Charter-party - Demurrage - Time from which lay days begin to run - Delay awaiting turn to load after notice of readiness given-"Cargo to be loaded subject to port regulations in regular turn . . . commencing when" . . . notice of readiness is given - Exception protecting charterers against obstructions in the docks-No docks at loading port (Delagoa Bay).

THE "CHEKIANG."

(1925) 21 Ll L Rep 179

Collision damages-Objection to Registrar's report - Non-profit-earning vessel - Annual refitting of warship carried out at same time as collision repairs but earlier than usual-Apportionment of overhead charges.

SOCIETE ANONYME DES TABACS D'ORIENT ET D OUTRE MER v. ALLIANCE ASSURANCE COMPANY.

(1925) 21 Ll L Rep 183

Insurance (Fire) - Application as to security for costs of appeal.

BYRON v. COMPAGNIE GENERALE TRANSATLANTIQUE.

(1925) 21 Ll L Rep 184

Procedure-Security for costs-Whether plaintiff ordinarily resident out of the jurisdiction.

CANTIERE NAVALE TRIESTINA v. HANDELSVERTRETUNG DER RUSSE SOVIET REPUBLIK NAPHTHA EXPORT.

(1925) 21 Ll L Rep 185

THE "LORD STRATHCONA."

(1925) 21 Ll L Rep 186

Motion by interveners (charterers) for an order staying the sale of a mortgaged ship after judgment given declaring for the validity of mortgages - Whether actual notice of charter-party given to mortgages.

THE "LUNARIA."

(1925) 21 Ll L Rep 189

Collision in River Mersey in patchy haze- Look-out-Disputed courses and signals -Faulty manoeuvres of defendant ship on wrong side of river-Anchors on defendant ship not available.

THE "ROSEDEN."

(1925) 21 Ll L Rep 191

Collision between barge and overtaking steamship in River Thames-Faulty navigation of barge.

EDWARDS v. AMBATIELOS.

(1925) 21 Ll L Rep 192

Claim for proceeds of sale of cargo of coal received by defendant to the use of plaintiff-Ownership-Proof of title.

SHANLY v. THE ALLIED TRADERS' INSURANCE COMPANY, LTD.

(1925) 21 Ll L Rep 195

Insurance (Fire)-Loss of profits on cinema burnt down - Cinema formerly a theatre-Defence of mis-statement or concealment of material facts-Whether risk increased after issue of policy - Variety turns interposed between showing of films.

W. T. AKED & CO., LTD. v. WHEEL & WINGS ASSURANCE ASSOCIATION, LTD., & H. S. MOUNTAIN.

(1925) 21 Ll L Rep 200

Insurance-Motor Car-Damage by fire- Insurable interest-Floating policy on cars bearing plaintiffs' trade numbers- Whether damaged car of higher value than cars covered by policy-Whether accessories included in insured value.

BANK OF IRELAND AND GERALD J. MACAURA v. NORTHERN ASSURANCE COMPANY, LTD. AND OTHERS.

(1925) 21 Ll L Rep 203

Insurance (Fire)-Loss of timber-Insurable interest of sole or principal shareholder in company owning timber.

CANTIERE NAVALE TRIESTINA v. HANDELSVERTRETUNG DER RUSSE SOVIET REPUBLIK NAPHTHA EXPORT.

(1925) 21 Ll L Rep 204

Charter-party - Demurrage - Notice of readiness given-Ship ordered away from Russian port immediately after giving notice of readiness to load-Exception as to Restraint of Princes: whether a mutual exception-Obligation upon charterers: whether absolute - Whether vessel a ready ship - Vis major-Illegality.

WYNDHAM RATHER, LTD., v. EAGLE, STAR & BRITISH DOMINIONS INSURANCE COMPANY, LTD.

(1925) 21 Ll L Rep 214

Insurance-The slip-Slip issued insuring contents of premises against burglary, &c., subject to proposal form-Proposal form incorporating usual conditions of assuring company's policy-Arbitration clause in policy-Action on slip stayed because of submission to arbitration- Appeal dismissed.

M. SAMUEL & CO., LTD. v. MORRIS & OTHERS.

(1925) 21 Ll L Rep 215

Contract-Guarantee policies subscribed by defendants - Loans by bankers on security of bills of exchange purporting to have been accepted by purchasers of motor cars on hire-purchase terms- Policies guaranteeing purchasers' bills- Privity of contract between underwriters and bankers-Whether bills sued upon purchasers' bills or accommodation bills-Estoppel.

THE "BALDERTON."

(1925) 21 Ll L Rep 217

Salvage-Disabled steamer towed from near the Casquets into Cowes Roads.

THE "LORD STRATHCONA."

(1925) 21 Ll L Rep 217

Mortgage of ship-Order of sale suspended - Validity of mortgages - Whether actual notice of charter-party given to mortgagees.

FARRUGIA & SONS v. WESTMINSTER BANK, LTD.

(1925) 21 Ll L Rep 218

Sale of Ship-Whether contract completed -Authority of agent.

CROSSLEY v. ROAD TRANSPORT & GENERAL INSURANCE COMPANY.

(1925) 21 Ll L Rep 219

Insurance (motor car)-Third party risk- Condition of policy that assured should see that car was at all times in proper working order - Whether brakes in proper working order - Estoppel, waiver or election.

MANCHESTER SHIP CANAL CO. v. CROWN.

(1925) 21 Ll L Rep 220

Petition of right - Dock dues - Services rendered to Crown by dock company.

ITALIAN DELEGATION ON WHEAT SUPPLIES v. CERTAIN EXPORTING HOUSES.

(1925) 21 Ll L Rep 222

Contract - Uncertainty - Sale of goods (grain) - Whether arbitration clause incorporated in contract of sale - Waiver.

STOKES v. CUNARD STEAMSHIP CO.

(1925) 21 Ll L Rep 224

Bill of lading-Conversion by delivery to relative of bill of lading owner - Damage to goods carried.

THE ADMINISTRATRIX OF MARY MADGE VERELST v. THE MOTOR UNION INSURANCE COMPANY, LTD.

(1925) 21 Ll L Rep 227

Insurance (motor car) - Policy covering death while travelling in another car- Assured killed in India while so travelling-Conditions of policy-Notice of claim to be given "as soon as possible" - Notice given by administratrix of deceased twelve months after accident: whether in time-Condition as to non-liability of insurers for accidents happening out of the United Kingdom in connection with use of car insured - Whether applicable to accidents happening in connection with another car.

IN RE SOVEREIGN SHIPPING CO.

(1925) 21 Ll L Rep 230

Company-Shares-Motion to rectify register-Case settled.

IN RE "ROYAL SOVEREIGN" STEAMSHIP CO., LTD.

(1925) 21 Ll L Rep 230

Company-Winding-up.

BROWN v. SPERRY GYROSCOPE COMPANY.

(1925) 21 Ll L Rep 230

Patent-Certificate of validity.

IN RE ST. MARY STEAMSHIP CO.

(1925) 21 Ll L Rep 231

Company-Motion for injunction restraining the holding of a meeting.

MICHALINOS & CO. v. LOUIS DREYFUS & CO.

(1925) 21 Ll L Rep 233

Charter-party containing clause: "Detention by . . . ice from Braila down to Sulina . . . shall not count as lay-days" -Demurrage and detention-Whether detention in dock at Braila by ice after attempt to commence part loading for account of charterers or owners-Loading by alternative methods physically possible - Whether commercially possible-One of several ways of loading previously selected by charterers.

M. SAMUEL & CO., LTD. v. MORRIS & OTHERS.

(1925) 21 Ll L Rep 237

Contract-Guarantee policies subscribed by defendants - Loans by bankers on security of bills of exchange purporting to have been accepted by purchasers of motor cars on hire-purchase terms- Policies guaranteeing purchasers' bills -Privity of contract between underwriters and bankes-Whether liability of underwriters dependent upon whether bills sued upon purchasers' bills or accommodation bills.

THE "BRETAGNE."

(1925) 21 Ll L Rep 248

Ship - Mortgages, wages, disbursements, &c.-Priorities-Apportionment of proceeds of sale of ship.

THE "INDIA."

(1925) 21 Ll L Rep 249

Collision off Tampico-Tug and steamship -Steamship aground - Tug about to take a tow rope ahead of steamship - Tug carried on to steamship by wind and swell.

THE "WEST HOBOMAC."

(1925) 21 Ll L Rep 251

Foul berth-Steamship at anchor in River Thames in fog caused to collide with mooring buoy.

SALT AND OTHERS v. HARTLEPOOLS SEATONIA STEAMSHIP CO.

(1925) 21 Ll L Rep 254

Seaman-Articles-Discharge before completion of voyage-Breach of contract- Release signed on payment of wages - Merchant Shipping Act, 1894, Sect. 36 (1) & (2)-Exception of specified claim under Merchant Shipping Act, 1906, Sect. 60, by signing Board of Trade Form "M"-Whether form signed contemporaneously with release.

FARRUGIA & SONS v. WESTMINSTER BANK, LTD.

(1925) 21 Ll L Rep 257

Sale of ship-Whether contract completed- Authority of Agent.

BREWSTER AND ANOTHER v. BLACKMORE.

(1925) 21 Ll L Rep 258

Insurance (Motor Car)-Loss by fire- Defence of alleged fraudulent destruction by agent of assured.

IN RE COX'S & KING'S SHIPPING AGENCY.

(1925) 21 Ll L Rep 263

Companies-Reduction of capital.

DEMETRIADES & CO. v. NORTHERN ASSURANCE CO.; DEMETRIADES v. SAME.

(1925) 21 Ll L Rep 265

Marine insurance-Loss-Claim-Ship and cargo-Defence of fraudulent casting away of ship - Concealment (Greek interest in ownership).

SWIFT & CO. v. BOARD OF TRADE.

(1925) 21 Ll L Rep 270

Emergency legislation-Requisition of food (imported bacon, ham and lard)-Compensation under Indemnity Act, 1920, Sect. 2 (1) (i)-Basis of award by arbitrator - Effect of Maximum Prices Order, 1919, No. 977, 1 (B) (i) (ii); Defence of Realm Regulations 2 B and 2 F-Requisition Order, 1919, No. 976- Whether interest to be awarded on compensation due.

VITRUVIA STEAMSHIP COMPANY v. ROPNER SHIPPING COMPANY, LTD.

(1925) 21 Ll L Rep 280

Collision in Clyde - Liability admitted - Measure of damages-Docking charges, demurrage, &c. - Cause of detention: whether collision or previous unseaworthiness.

EWART & SON, LTD., v. SUN INSURANCE OFFICE.

(1925) 21 Ll L Rep 282

Fire insurance-Company's policy-Arbitration clause - "Indifferent person" - Arbitrator a small shareholder in company - Revocation of appointment of arbitrator.

MIGUEL DE LARRINAGA STEAMSHIP COMPANY, LTD. v. D. L. FLACK & SON.

(1925) 21 Ll L Rep 284

Charter-party-Repudiation by charterer- Ship to load "in such dock as she might be ordered to"-Ship ordered to port without dock but provided with a pier -Ship delayed awaiting turn at pier- Stoppage clause-Partial stoppage by strike among railwaymen.

KOKUSAI KISEN KABUSHIKI KAISHA v. WM. H. MULLER & CO. (INC.).

(1925) 21 Ll L Rep 290

Charter-party - Demurrage - Demurrage payable if detention due to default of charterer-Failure of charterer (due to circumstances beyond his control) to load contemplated cargo-Obligation of charterer to load other cargo.

THE "WILHELMINA" (NAAMLOOZE MAATSCHAPPIJ DE KOTTER AND OTHERS v. H.M. PROCURATOR-GENERAL).

(1925) 21 Ll L Rep 292

Detention of Dutch trawler in Icelandic waters-Claim for damages for detention - Whether belligerent's right reasonably exercised-Foodstuffs (fish) and cod's livers - Whether destined ultimately for enemy market.

THE "SAGAPORACK" AND THE "HONTESTROOM."

(1925) 21 Ll L Rep 297

Double collision in River Thames - Disputed courses.

THE "LATALF."

(1925) 21 Ll L Rep 297

Ship's necessaries, repairs, &c.

THE "SAKALA."

(1925) 21 Ll L Rep 300

Salvage-Ship towed from near the Outer Dowsing Light-vessel into the Humber.

ORIENT STEAM NAVIGATION COMPANY, LTD. v. THE CROWN.

(1925) 21 Ll L Rep 301

Sale of goods-Victualling stores-Estoppel -Repudiation of claim for price six years after claim made - Shipowners allowed by Admiralty to believe contract made by Admiralty to pay for unconsumed stores if ship sunk - Admiralty estopped from pleading that there was no agreement.

CLAN LINE v. LAIRD LINE.

(1925) 21 Ll L Rep 303

Collision-Limitation of liability.

CRAWFORD BROTHERS v. COMMISSIONERS OF NORTHERN LIGHTHOUSES.

(1925) 21 Ll L Rep 305

Arbitration (Scotland) - Submission - Contract to carry out building works for Lighthouse Commissioners - Reference of disputes as to due execution of work to determination of Commissioners' engineer and of disputes arising after completion of work to another arbitrator -Work taken out of contractors' hands in consequence of a dispute - Whether dispute to be submitted to arbitration of Commissioners' engineer- Whether a suitable person.

ATTORNEY-GENERAL FOR NEW BRUNSWICK v. CANADIAN PACIFIC RAILWAY CO. AND ANOTHER (ATTORNEY-GENERAL FOR CANADA, INTERVENANT).

(1925) 21 Ll L Rep 308

Obstruction of river (Canada) by building of bridge-Control of navigation: whether vested in Dominion of Canada or Province of New Brunswick.

THE "RUAPEHU."

(1925) 21 Ll L Rep 310

Repairs to ship-Negligence-Care and skill - Outbreak of fire on ship under repair-Alleged improper use of naked lights and other negligences-Position of shipwrights as bailees-Onus.

THE "PORTGWARRA."

(1925) 21 Ll L Rep 319

Negligence - Steamship proceeding out of dock into River Mersey-Collision with island at dock entrance-Whether due to negligent orders of dockmaster-Liability of dock authority.

THE "MARTHA HEMSOTH."

(1925) 21 Ll L Rep 322

Collision in River Elbe-Sudden alteration of course: whether by plaintiff or defendant ship.

THE WITHAM OUTFALL BOARD v. THE MAYOR AND CORPORATION OF BOSTON.

(1925) 21 Ll L Rep 325

Docks and harbours - Responsibility for damage done to banks of channel (River Witham) by ship.

ENGEL v. LANCASHIRE & GENERAL ASSURANCE COMPANY, LTD.

(1925) 21 Ll L Rep 327

Insurance - Burglary - Policy containing provision for limitation of value of articles insured inapt to cover goods stolen from business premises - Goods covered for which assured responsible which held on trust or on commission- Loss - Meaning of "responsibility": whether general responsibility of bailee or bailee's liability to owners in respect of loss - Assured not negligent and therefore not liable in law to owners of goods-Insurance company held not to be liable for loss.

JOHNSON & PERROTT, LTD. v. HOLMES.

(1925) 21 Ll L Rep 330

Insurance - Motor-car - Riots and civil commotions - Car taken by violence - Whether taken by Irish Republican Army acting under military authority or by lawless looters.

BANK OF IRELAND AND MACAURA v. NORTHERN ASSURANCE CO., LTD., AND OTHERS.

(1925) 21 Ll L Rep 333

Insurance (Fire)-Loss of timber-Insurance interest of sole or principal shareholder in company owning timber.

BUERGER v. CUNARD STEAMSHIP COMPANY.

(1925) 21 Ll L Rep 337

Bill of lading-Loss of goods-Goods shipped to Odessa-Odessa found to be closed to navigation-Bill of lading surrendered and goods sent on to other ports- Whether fresh bill of lading contract implied-Liability excepted in original bill of lading for packages exceeding £20 in value unless declared-Whether exception applicable to substituted contract.

THE "VILLE DE NANTES" AND THE "ECLIPSE."

(1925) 21 Ll L Rep 338

Collision between dumb barge in tow and steamship in River Thames-Whether due to negligent navigation of tug- Measure of damage - Penetration of barge by steamship's anchor-Whether due to original negligent navigation causing collision or to steamer carrying anchor in position prohibited by Thames By-law No. 50.

THE "EL OSO."

(1925) 21 Ll L Rep 340

Practice - Preliminary acts in "third-party" collision cases-Whether obligatory -R.S.C. Order 19, r. 28-Discretion of Court.

THE "AZALEA" AND THE "RIGHTO."

(1925) 21 Ll L Rep 343

Negligent Navigation-Collision of trawler with pile and gantry owned by contractors carrying out work in dock- Whether due to negligent navigation of second trawler.

RICHARDSON v. ARMY, NAVY AND GENERAL ASSURANCE ASSOCIATION, LTD.

(1925) 21 Ll L Rep 345

Enforcement of foreign judgment-Insurance of motor-car-Judgment given in Irish Court in default of appearance by defendants - Motion previously moved by defendants to set aside writ on grounds of want of jurisdiction and of incorporation of arbitration clause in policy-Whether a submission to Irish jurisdiction-Whether decision of Irish Court contrary to natural justice.

ARGONAUT MARINE INSURANCE COMPANY, LTD., AND IMPORTERS' AND EXPORTERS' MARINE INSURANCE COMPANY, LTD. v. DONALD CAMPBELL & CO., LTD., AND OTHERS.

(1925) 21 Ll L Rep 349

Arbitration-Jurisdiction-Double insurance -Award as to liability of first-cover underwriters to assured held to be covered by submission - Jurisdiction to make award as to liability of first-cover underwriters to second - cover underwriters being joint and several held to be covered by Marine Insurance Act, Sect. 80 (1).

GLICKSMAN v. LANCASHIRE & GENERAL ASSURANCE COMPANY, LTD.

(1925) 21 Ll L Rep 352

Insurance- Burglary- Claim- Defence of misrepresentation and concealment - Construction of question put to assured in proposal form and answer thereto- Proposal made in name of partnership firm-Whether question therein addressed to firm as to previous history of firm or of individual partners.

"ALADDIN" v. DET FORENEDE KULIMPORTORER AKTIESELSKAB.

(1925) 21 Ll L Rep 355

Charter-party-Demurrage-Cargo of coal- Ship to be stemmed with specific collieries-Exception from loading time -"Pay Saturdays" at collieries "not to be counted unless used" - Ship stemmed to load coal from two collieries -Saturday in loading time "pay Saturday" at one colliery but not at the other.

CARLILE STEAMSHIP CO. v. SIMPSON, SPENCE & YOUNG.

(1925) 21 Ll L Rep 356

Brokers - Shipbroker - Contract to place vessel upon berth to load cargo-Loading broker recommended to shipowner by shipbroker - Loading broker fully occupied in obtaining cargo for another ship on behalf of same shipbroker - Shipbroker's duty to disclose facts to shipowner-Measure of damages: actual loss on voyage - Loss of prospective profit not a proper ground of damage.

THE "SAGAPORACK" AND THE "HONTESTROOM."

(1925) 21 Ll L Rep 359

Double collision in River Thames-Disputed courses, speeds and position of casualty.

THE "KURLAND."

(1925) 21 Ll L Rep 363

Collision in River Thames - Turning manoeuvres of defendant ship-Turning signal-Place of turning-Look-out.

MANCHESTER SHIP CANAL CO. v. CROWN.

(1925) 21 Ll L Rep 365

Petition of right-Dock dues-Services rendered to Crown during war by dock company - Agreement that company should be paid cost of labour &c. (plus a percentage) for dealing with goods on quayside - Whether term introduced into contract by implication to make deductions for labour employed in terminal railway services said to have been paid for in railway rates charged for conveyance of goods to dock.

THE "JUNO."

(1925) 21 Ll L Rep 365

Collision-Limitation of liability.

CONTROLLER OF THE CLEARING OFFICE v. WEIR & CO.

(1925) 21 Ll L Rep 371

Emergency legislation - Enemy debts - English buyer debtor and German seller creditor-Payment for goods shipped- Goods delivered ex ship and dealt with by buyer but documents of title not taken up because of outbreak of war- Principal debt admitted but payment of interest disputed-Whether interest due-Decision of Joint Clearing Offices made under Treaty of Versailles, Art. 296: whether enforceable in absence of appeal to Mixed Arbitral Tribunal.

MERSEY SHIPPING & TRANSPORT COMPANY, LTD. v. REA, LTD.

(1925) 21 Ll L Rep 375

Bill of lading-Risks overside delivery "Delivery overside, if convenient, at consignee's sloe risk of loss, damage or injury to goods, craft or men" - Damage to barge - Negligence of "master lumper"- Custom of the port (Liverpool).

TRANSPORT & TRADING COMPANY, LTD. (IN LIQUIDATION), v. OLIVIER & CO., LTD.

(1925) 21 Ll L Rep 379

Brokers-Insurance broker-Breach of contract to insure ship against particular average loss-Set-off.

AKTIES LABOREMUS v. STEAUA FRANCAISE.

(1925) 21 Ll L Rep 381

Charter-party - Demurrage - Readiness to load-"Arrived ship"-Cargo of benzine spirit-Vessel in harbour but not in petroleum basin (Constantza)-Notice of readiness: whether given to charterer's agent - Waiver - Whether notice of readiness must be signed by captain- Arbitration-Award remitted for further findings.

IN RE MOXON.

(1925) 21 Ll L Rep 383

Unemployment Insurance Act, 1920-Skipper of keel plying on River Humper - Profits shared between owner and skipper-Whether skipper an employed person.

BEATON v. AKTIES. GANGER ROLF.

(1925) 21 Ll L Rep 385

Bill of lading-Delivery of goods without production of bill of lading-Failure to prove loss sustained thereby.

IN RE THE HULL SHIPPING COMPANY.

(1925) 21 Ll L Rep 385

Company-Shares-Reduction of capital.

M'LEAN AND OTHERS v. M'KIE & BAXTER.

(1925) 21 Ll L Rep 386

Contract-Alleged gift to employees of shipwrights of immediate interest in private partnership - Action dismissed as irrelevant.

REAVIS v. CLAN LINE STEAMERS AND ANOTHER.

(1925) 21 Ll L Rep 388

Collision - Assessment of damages - Personal injuries-Loss of effects-Loss by proprietor of orchestra of profits and prospective profits on account of loss of lives of members of orchestra.

Lloyd's Law Reports