i-law.com

THE "MIGUEL."

(1929) 33 Ll L Rep 1

Collision between steamships off Royal Sovereign Light-vessel during fog- Both vessels admittedly to blame- Degree-Plaintiff vessel found to blame for failure to stop-Defendant vessel found to blame (1) for excessive speed; (2) for failure to stop; and (3) for helm action - Collision Regulations, Art. 16 - Apportionment of blame -Plaintiffs: one-third; defendants: two-thirds-Costs-False case presented by plaintiffs-Special order.

THE "HELGOLAND" AND OTHER VESSELS (PART CARGO EX.)

(1929) 33 Ll L Rep 1

Prize-Seizures-Solicitors' costs-Settlement.

THE "MANSEPOOL."

(1929) 33 Ll L Rep 7

Collision between steamships in English Channel-Vessels on crossing courses- Collision Regulations, Arts. 19, 21- Failure of give-way (plaintiff) ship to give way-Alteration of course at two miles distance-Duty to signal change of helm-Duty of stand-on (defendant) vessel where give-way vessel unable by her own action to avoid collision- Erroneous action taken by stand-on vessel - Failure to take off way - Apportionment of blame-Plaintiffs: three-fourths; defendants: one-fourth -Refusal to make special order as to costs.

THE "YORK."

(1929) 33 Ll L Rep 12

Collision-Damages-Reference-Objection to Registrar's report-Detention for repairs-Profit-earning capacity of damaged vessel-Contract of sale entered into before repairs effected- Construction of sale contract-"Subject to buyer's approval after inspection" -

UNITED SHIPPING COMPANY, LTD. v. ASSICURAZIONI GENERALI.

(1929) 33 Ll L Rep 15

Ship-Classification-Insurance (marine) -Liabilities of Italian insurance companies under policies guaranteed by defendants-"The assured is obliged under penalty of forfeiture of the benefits accrued from the present insurance to maintain the steamer during the year of insurance in the first class of the Registro Italiano or other equivalent register recognised by the underwriters"-Alleged breach of condition-Vessel registered with British Corporation-Periodical survey -Necessity for classification repairs -Failure to carry out requisite repairs -Automatic suspension of classification certificate-Effect of suspension- Temporary repairs effected - Interim certificate of seaworthiness granted by Corporation surveyor for particular voyage - Heavy weather damage sustained during voyage-Effect of certificate upon suspension-Discretion of classification society-Evidence that vessel was treated by Corporation as "in class"-

IN RE COUNTESS WARWICK STEAMSHIP COMPANY, LTD.

(1929) 33 Ll L Rep 15

Companies-Winding up.

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

(1929) 33 Ll L Rep 23

Sale of goods-Rescission by buyer-Agreement by sellers 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 sellers-Whether a material breach justifying buyer in rescinding-Sale of hulk-Failure of sellers to tender fixed machinery therein -Judgment for buyer-Appeal dismissed.

THE "VECTIS."

(1929) 33 Ll L Rep 31

Negligence-Damage to plaintiffs' sailing barge H in Milton Creek, River Swale -Defendants' sailing barge V moored alongside wharf-H grounded at low tide near V-V's anchor admittedly in improper position - H subsequently swung by high tide into collision with V-Damage due to contact with V's anchor - Finding by learned trial Judge that H was negligent - Judgment entered for V-Appeal- Whether evidence justified a finding of negligence against H - Doubts whether evidence showed (1) that master of H knew of dangerous position of V's anchor; (2) if he did, that his knowledge was gained in time to take precaution; (3) that damage could have been avoided by exercise of reasonable care and skill-Judgment set aside-Retrial ordered.

THE "YOUNG SID."

(1929) 33 Ll L Rep 40

Collision-Appeal-Costs-Original apportionment of blame: two-thirds; one-third -Finding on appeal that vessels were equally to blame - Appellants awarded costs of appeal - Leave to appeal on question of costs granted.

CLEMENTS v. H. H. POOLE & CO., LTD.

(1929) 33 Ll L Rep 41

Negligence-Personal injuries sustained by lighterman-Discharge of bales from steamship into lighter-Claim against stevedores-Allegation that sales were inadequately secured - Jury's finding for stevedores.

PALMER & CO., LTD. v. PILOT TRADING COMPANY, LTD.

(1929) 33 Ll L Rep 42

Arbitration-Award-Costs-Sale of paraffin wax by plaintiffs to defendants- Resale to A-Rejection by A-Arbitration between A and defendants- Award against defendants-Subsequent arbitration proceedings between plaintiffs and defendants-Arbitrators appointed -"Arbitration in London in the usual way"-Whether, when members of the London Oil and Tallow Trades Association deal in paraffin wax, that presupposes arbitration (in case of dispute) under rules of Association- Disagreement between arbitrators- Umpire appointed upon Association form-"Award of Arbitration"- Whether affecting rights of parties-

GUERNSEY DIRECT SUPPLY, LTD. v. ANGLO TIMBER & TRADING COMPANY, LTD.

(1929) 33 Ll L Rep 42

Sale of goods-Non-delivery-Failure to ship-Award in favour of buyers upheld-Costs.

ROBERTSON AND ANOTHER v. JOHN KNILL & CO.

(1929) 33 Ll L Rep 46

Charter-party-Freight-Charter of plaintiffs' steamships by A for carriage of potatoes from f.o.b. St. Malo to London -Vessels to discharge at defendants' wharf-Collection of freights from consignees by defendants-Amount due to plaintiffs-Whether defendants entitled to deduct from gross freights (1) wharfage charges in London and (2) loading charges at St. Malo-Construction of agreement between parties- "No consideration"-

THE "CORBEACH."

(1929) 33 Ll L Rep 51

Collision between steamships in River Thames in broad daylight - Plaintiff vessel proceeding down river against flood tide-Dispute as to place of collision -Finding that plaintiff vessel went off her down-river course-Failure to alter her course in accordance with her signals - Duty of defendant vessel to slacken speed in face of obvious danger -Thames By-laws, 1914-26, No. 36 - Apportionment of blame - Plaintiffs: two-thirds; defendants: one-third.

THE "CUMBERLAND COAST."

(1929) 33 Ll L Rep 57

Collision between steamships in Manchester Ship Canal in broad daylight-Plaintiff vessel in further collision with steamship A-Whether both collisions due to negligence of defendant vessel- Conflict of evidence as to place of collision -Finding that plaintiff vessel was proceeding at excessive speed in the circumstances and that she swerved into defendant vessel-Judgment for defendant vessel.

THE "BALTIC."

(1929) 33 Ll L Rep 62

Negligence-Damage at berth-Allegation that berth was unsuitable and that harbourmaster failed to warn plaintiff shipowners that berth was not reasonably fit-Finding that master was warned by harbourmaster to list his vessel from 212, to 3 degrees and that he listed her only 1 degree-Duties of harbourmaster when vessel is berthed -Judgment for harbour authority.

THE "FAGERSTRAND."

(1929) 33 Ll L Rep 67

Collision between steam drifter and steamship in North Sea in broad daylight- Vessels on crossing courses-Failure of steamship (give-way vessel) to give way -Whether drifter guilty of contributory negligence in taking starboard helm action-"Agony of collision"- Judgment for drifter.

LODERS & NUCOLINE, LTD. v. THE BANK OF NEW ZEALAND.

(1929) 33 Ll L Rep 70

Sale of goods (c.i.f.)-Insurance policy- Form-Term of bill of lading that freight payable if and when vessel arrived at port of destination-Total loss of vessel on voyage-"Insurance . . . to be effected by sellers at the contract price"-Meaning of "contract price" - Valued policy - Tender of policy containing "freight contingency clause"-Breach by sellers in making separate insurances on goods and freight-Right of buyers to policy covering freight and to recover such freight under policy (even though freight never at risk)-Whether insurers entitled to re-open valuation- Marine Insurance Act, 1906, Sects. 27 (3), 75 (2) - Award in favour of buyers upheld.

THE "FLORENCE SCHOLEY."

(1929) 33 Ll L Rep 79

Salvage-Services rendered by motor boats to disabled barge off Ramsgate-Breakdown of steering gear-Barge towed into Ramsgate - £300 awarded on salved values of £2003 13s. 5d.

COLES v. SIR FREDERIC YOUNG (INSURANCES), LTD., AND ANOTHER.

(1929) 33 Ll L Rep 83

Insurance (motor car) - Loss of lorry- Claim against brokers for breach of warranty of authority and against insurance company under policy - Right to sue under policy-Doubt as to ownership of lorry-Alleged transfer of ownership by A company to plaintiff -Conversation with brokers regarding transfer of A company's policy - Brokers' position considered-Conduit pipe between plaintiff and insurance company-No proof of ownership in plaintiff - Action brought against insurance company in Scottish Courts dismissed as irrelevant-Whether res judicata-

SIR R. ROPNER & CO., LTD. v. W. S. PARTRIDGE & CO.

(1929) 33 Ll L Rep 86

Charter-party-Dispatch-Method of computation -"Cargo to be loaded at the average rate of 1500 tons per day . . . commencing 48 hours after written notice is given of vessel being . . . ready to load . . . Dispatch in loading (if any) at the rate of three cents per net register ton per running day or pro rata for part thereof. No dispatch to be paid on the 48 hours free time"- Construction.

SPILLERS, LTD. v. J. W. MITCHELL, LTD.

(1929) 33 Ll L Rep 89

Sale of goods (c.i.f.)-Documents-Refusal by buyers to accept bill of lading- Typed marginal clause: "The deviation clause with its full stipulations is admitted as forming part and body of this bill of lading"-Ambiguity and uncertainty-

KOLBIN & SONS v. KINNEAR & CO.

(1929) 33 Ll L Rep 92

Conversion - Damages - Claim against ship's agents by owners and shippers (pre-Soviet Russian partnership) in respect of goods delivered to A without production of bill of lading - "Free goods" liable to be requisitioned- Consignment "unto order of War Office for account of [pursuers] or to his or their assigns"-Loss of bills of lading -Delivery of goods to A for transfer to War Office-Price paid by War Office to A-Bankruptcy of A-Right of pursuers to sue-Estoppel-Effect of Soviet decrees-Registration of partnerships- whether pursuers deprived of status- International law - Extra-territorial effect of decrees-

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

(1929) 33 Ll L Rep 99

Revenue-Excess Profits Duty-Assessment -Company carrying on life and other insurance businesses-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).

GULLETT v. EVANS; SAME v. EAGLE, STAR & BRITISH DOMINIONS INSURANCE COMPANY, LTD., AND THREADNEEDLE INSURANCE COMPANY (1923), LTD.

(1929) 33 Ll L Rep 102

Practice-Trial-Claims under policies of reinsurance - Application by defendants for trial of preliminary issue before trial of action-Issues involving different considerations-Contentions by defendants: (1) that upon a true construction of the policies no liability attached; (2) that there was misrepresentation avoiding policies-Discretion of Court-R.S.C. Order XXXVI, r. 7- Application granted.

THE "ANNA."

(1929) 33 Ll L Rep 105

Collision between steamships in bend of Nieuport River in broad daylight - Very narrow channel - Fining that plaintiff vessel started from safe position in river in spite of warning of approach of defendant vessel-Judgment for defendants.

THE "DAGMAR."

(1929) 33 Ll L Rep 108

Collision between dumb hopper (in attendance upon dredger) and steamship in Blackwall Reach, River Thames-Allegation that hopper carried misleading lights and failed to warn approaching vessels of her intended manoeuvres- Hopper swinging with tide after casting off aft moorings-Proper lights to be exhibited-Whether hopper negligent in failing to employ tug - Duty of vessels to exercise care in passing dredger - Thames By-laws, 1914-1926, Nos. 10 and 11 (Nos. 5 and 6 of the rules of 1922) and 14-Port of London (Consolidation) Act, 1920, Sect. 278- Judgment for hopper.

IN RE MERCHANT SHIPPING ACT, 1894 (PROCURATOR-FISCAL, GREENOCK v. KYLE; SAME v. DOCHERTY).

(1929) 33 Ll L Rep 114

Merchant Shipping Act, 1894-Board of Trade survey certificate-Motor boats (carrying more than 12 passengers) used on educational trips in Firth of Clyde (no consideration being received by owner) - whether "passenger steamers" within meaning of Sect. 267, 271 (1)-Construction.

KOLBIN & SONS v. UNITED SHIPPING CO.

(1929) 33 Ll L Rep 118

Conversion-Damages-Claim by owners of goods (pre-Soviet Russian partnership) against defenders (shipping agents)- Goods dispatched by defenders from Archangel to England admittedly in interests of all concerned-Goods sold by defenders to (or through) A-Price retained by A-Bankruptcy of A- Defenders as negotiorum gestores- Failure by defenders to take effective measures to safeguard owners' interests -Whether claim barred by lapse of time-Owners' absence of knowledge of their rights - Price demanded by owners from A-Whether ratification of A's actings-Proof of loss-Interest.

THE "HERO."

(1929) 33 Ll L Rep 123

Collision between barge (in tow of tug) and steamship in Limehouse Reach, River Thames-Tug in process of turning movement - Place of collision - Whether tug negligent in crossing river or in failing to give warning of her intended manoeuvres-Tug's manoeuvres in full view of steamship-Duty of steamship to keep clear-Finding that steamship starboarded across tug's course-Judgment for tug and tow.

CLAN LINE STEAMERS, LTD. v. BOARD OF TRADE; RUPAI TEA COMPANY v. BOARD OF TRADE.

(1929) 33 Ll L Rep 128

Indemnity Act, 1920 - Compensation - Diversion of vessels by owners - Inability of vessels to discharge in London owing to tack of warehouse accommodation-Promise by A (Secretary of Port and Transit Committee) to obtain order for diversion-Subsequent letter from Shipping Controller setting out facilities for discharge elsewhere-Whether vessel diverted by virtue of official order.

GREEN (INSPECTOR OF TAXES) v. J. GLIKSTEN & SON, LTD.; COMMISSIONERS OF INLAND REVENUE v. SAME.

(1929) 33 Ll L Rep 132

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, Rule 3 (K).

PAGE v. SCOTTISH INSURANCE CORPORATION, LTD.; FORSTER v. PAGE.

(1929) 33 Ll L Rep 134

Insurance (motor car) - Damage to assured's car while being driven by A (motor engineer)-Finding that accident was due to negligent driving by A-Repairs to car executed by A- Claim by A against insurance company for cost of repairs - Third-party liability-Insurance company's right to be subrogated to the assured's rights against A and to set off this amount against A's claim for cost of repairs-Third-party liability still disputed by insurance company at commencement of present action -

TRADING COMPANY L. & J. HOFF v. UNION INSURANCE SOCIETY OF CANTON, LTD., AND C. I. DE ROUGEMONT.

(1929) 33 Ll L Rep 141

Practice-Security for costs-Appeal by foreign assured-Claim against insurers for loss of bearer shares dismissed on grounds that there was non-disclosure; that there was over-valuation; that the over-valuation was fraudulent; and that no loss had occurred-Evidence that appellants were involved in serious pecuniary difficulties and that they had no substantial assets within the jurisdiction -Substantial security ordered.

THE "CITY OF LANCASTER."

(1929) 33 Ll L Rep 142

Salvage-Services rendered by seven tugs to damaged steamship grounded on West Oaze Sands-Services of six tugs admitted-Dismissal of seventh tug (K) by master of salved vessel after being told to stand by with her hose ready for service-Value of service which K was prevented from rendering - Tugs awarded £8100 on salved values of £85,416.

THE "COLINTON."

(1929) 33 Ll L Rep 145

Negligence - Defective berth-Damage to steamship - Claim against harbour authority-Buckling of floors-Allegations that buckling was due to fatigue in steel structure; that it was due to insufficient shoring in dry dock; that it was due to stress of weather - Evidence of previous damage-Proof that additional damage was sustained in berth-Mound formed from deposits from sewer - Failure of harbour authority to keep themselves informed of under-water conditions-Judgment for steamship.

HECHT, PFEIFFER (LONDON), LTD. v. SOPHUS BERENDSEN (LONDON), LTD.

(1929) 33 Ll L Rep 157

Sale of goods (f.o.b.)-Loading expenses- Obligation upon buyers to provide suitable vessel-Delivery at private wharf-Doubt whether vessel suitable -Buyers referred by sellers to wharfingers -Vessel agreed by wharfingers but subsequently, on arrival, refused permission to load at wharf-Liability for lighterage expenses-Relationship between wharfingers and sellers- Whether sellers' reference to wharfingers constituted wharfingers agents of sellers - Estoppel - Judgment for sellers.

THE "PAMELA."

(1929) 33 Ll L Rep 161

Negligent navigation - Grounding of plaintiff vessel alleged to be due to negligence of defendant vessel in colliding with tug towing plaintiff vessel -Both vessels outward bound-Defendant vessel brought up by manoeuvres of vessel ahead-Whether defendant vessel was athwart river-Bad look-out on plaintiff vessel-Room to pass clear without grounding-Judgment for defendant vessel.

SIR JOHN HUMPHERY v. THOMAS A. BOWERS.

(1929) 33 Ll L Rep 167

Ship-Survey-Employment of defendant by Lloyd's Register to inspect masts and rigging of plaintiff's yacht for purpose of survey-Gross negligence by defendant-Faulty mast certified sound -Damages suffered by plaintiff consequent upon delay during replacement of mast-Relationship between Lloyd's Register and plaintiff-Whether Lloyd's Register agents of plaintiff to engage defendant to examine yacht-

ATTORNEY-GENERAL v. GLEN LINE, LTD., AND THE LIVERPOOL & LONDON WAR RISKS INSURANCE ASSOCIATION, LTD.

(1929) 33 Ll L Rep 172

Ship - Detention by German authorities during period of war-Abandonment to underwriters-Right of Government as reinsurers-Ship restored to and sold by underwriters-Compensation subsequently paid to owners by German authorities - Whether owners bare trustees for Government - Nature of payment-Lump sum or payment de die in diem-Right of abandonee under Marine Insurance Act-Subrogation-

IN RE THE NORTH OF ENGLAND PROTECTING AND INDEMNITY ASSOCIATION.

(1929) 33 Ll L Rep 177

Companies-Memorandum of association- Alteration of objects-Mutual marine insurance association-Petition to confirm special resolution-Large majority of members in favour of alteration- Discretion of Court-

THE "LUCULLITE."

(1929) 33 Ll L Rep 186

Limitation of liability-Damage caused to two vessels - Petitioners' vessel L moored at entrance to Rothesay Harbour alongside vessel R M-Bumping of vessels due to stress of weather- Damage to R M-Vessel D sunk by L in shifting position-"Damages which may arise upon any one distinct occasion" -Whether second act was inevitable consequence of first act-Failure of petitioners to discharge onus of proof-Merchant Shipping Act, 1894, Sect. 503-Merchant Shipping (Liability of Shipowners and Others) Act, 1900, Sect. 3.

FRENKEL v. MACANDREWS & CO., LTD.

(1929) 33 Ll L Rep 191

Bill of lading-Deviation-"With destination to Liverpool with liberty to touch at any ports whatsoever although they may be outside the route without it being considered a deviation"-Cargo (barrels of oil) shipped at Malaga on from - Liverpool voyage - Loss of cargo by perils of the sea - Exceptions clauses - Regular practice of defendants' steamships to proceed to Liverpool either "directo" or "via Levante"-Knowledge that steamship was bound to Liverpool "via Levante"-Meaning of "the route"- Judgment for shipowners.

COMPANIA MEXICANA DE PETROLEO EL AGUILA S. A. v. ESSEX TRANSPORT & TRADING COMPANY, LTD.

(1929) 33 Ll L Rep 202

Negligence - Loss of ship by fire (while loading petroleum)-Claim against shipowners by ship's agents for (1) disbursements; (2) salvage expenses; and (3) amounts paid in respect of personal injury and death claims-Counterclaim by shipowners for loss of ship-Fire due to spark following upon displacement of beam (left insecure by crew) by gear negligently worked by stevedores -Relationship between shipowners and stevedores considered-Invitees- Duty of stevedores to take reasonable care to avoid obvious dangers-Whether insecure beam constituted a trap-

THE "LONDON EXCHANGE."

(1929) 33 Ll L Rep 215

Collision between steamships in Limehouse Reach, River Thames-Steamship L in collision with steamship B-Steamship L E properly turning in river ahead of L-Duty of L to hold back-Finding that L improperly passed under stern of L E and was responsible for collision -Thames By-laws, 1914-1926, Nos. 23, 27.

THE "MAY."

(1929) 33 Ll L Rep 223

Salvage-Services rendered by boatmen to sailing barge in distress in Downs- Very heavy weather-Barge leaking very badly-Danger to barge and cargo -£175 awarded on values of £771.

THE "MAY."

(1929) 33 Ll L Rep 225

Negligent navigation-Damage to sea wall and groynes by sailing barge-Anchor dragged-Plea of inevitable accident- Onus of proof-Neglect to take ordinary precautions-Duty of master to have let go second anchor.

HENRY A. HEYS & CO. v. PENINSULAR & ORIENTAL STEAM NAVIGATION CO.

(1929) 33 Ll L Rep 228

Bill of lading - Damage to cargo (lily bulbs)-Stowage-Alleged agreement by ship's agents to stow bulbs in No. 1 hold below water-line-Finding that no such agreement was made but that there was agreed "Special cool stowage below water-line" - Stowage below water-line in No. 2 hold-Whether hold No. 2 unseaworthy for carriage of bulbs - Onus of proof - Hold insulated - First occasion of carriage of bulbs in insulated compartment-Effect of insulation -

THE "USKHAVEN."

(1929) 33 Ll L Rep 237

Collision between steamships in River Clyde in broad daylight - Plaintiff vessel almost stationary - One-blast signals exchanged between plaintiff and defendant vessels - Collision Regulations, Art. 28 - Failure of plaintiff vessel to answer helm-Duty of defendant vessel to have avoided plaintiff vessel-Judgment for plaintiff vessel- Appeal by defendant vessel dismissed.

THE "YORK."

(1929) 33 Ll L Rep 241

Collision-Damages-Reference-Objection to Registrar's report-Detention for repairs - Profit-earning capacity of damaged vessel-Contract of sale entered into before repairs effected- Repairs effected during inspection by buyer under sale contract-Construction of sale contract-

THE "SAN QUIRINO."

(1929) 33 Ll L Rep 246

Collision between steamships in San Juan Channel, River Plate-Narrow channel -Bend in channel-Local by-laws -Duty of up-coming (defendant) vessel to check speed to avoid passing down-going vessels in channel-Seamanship requiring up-coming vessel to wait until down-going vessel had rounded the bend - Defendant vessel found alone to blame.

THE "GREY COUNTY."

(1929) 33 Ll L Rep 256

Collision between auxiliary schooner and steamship off Goodwin Light-vessel- Schooner navigating under motor power-Absence of masthead light- Improper helm action on part of steamship -Bad look-out-Both vessels found to blame.

DAMPSKIBSSELSKABET SVENDBORG v. LONDON, MIDLAND & SCOTTISH RAILWAY COMPANY AND DENNY, MOTT & DICKSON, LTD.

(1929) 33 Ll L Rep 260

Charter-party - Discharging expenses (timber) at Garston Docks-Claim by shipowners against railway company (owning Garston Docks) and consignees -Allegation that railway company's charges were excessive-Right of railway company to act as stevedores- Whether power of railway company limited by statute to charging a reasonable sum-London & North Western Railway Company (Rates and Charges) Order Confirmation Act, 1891-Apportionment of charge between shipowners and consignees-Whether railway company's apportionment unreasonable- "Baltwood" charter-party, Clause 15: "The shipowner's liability shall cease at the port of discharge when the cargo is discharged at the ship's rail if discharged by hand or within reach of the ship's tackle or shore crane tackle if thereby discharged. . . . For any work done by the vessel at the port of discharge beyond delivering cargo at the ship's rail if discharged by hand, or within reach of the ship's tackle or of the shore crane tackle if thereby discharged, the consignees shall pay to the shipowner the cost thereof plus 15 per cent. on the amount thereof. . . ."- Construction - When discharge completed -

CROFT GRANITE, BRICK & CONCRETE COMPANY, LTD. v. CAWOOD & CO., LTD.

(1929) 33 Ll L Rep 270

Sale of goods-Price-Claim by sellers for balance of account-Amount paid by buyers calculated upon bill of lading (also contract) quantity-Proof that delivery weight exceeded bill of lading weight - Acceptance by buyers with knowledge of excess - Sale of Goods Act, 1893, Sect. 30 (2)-Judgment for sellers.

WHITE v. TODD OIL BURNERS, LTD.

(1929) 33 Ll L Rep 273

Patent - Infringement - "Improvements in liquid fuel furnaces"-Conversion of furnaces from coal-burning to oil-burning and reconversion from oil-burning to coal-burning-

CORNISH v. THORNETT & FEHR.

(1929) 33 Ll L Rep 281

Master and servant-Contract of service - Remuneration - Settlements of accounts in respect of years 1919 and 1920-Claim by plaintiff against employers (defendants) to set aside settlements and to reopen accounts on ground of misrepresentation and concealment -"A proportionate part of all office and incidental expenses including E.P.D. payable on the profits of the 'F' Department . . . shall be taken into account and deducted . . ."-Construction -E.P.D. paid by defendants for year 1919-Repayment of E.P.D. in 1921 (before dates of settlements) consequent upon losses sustained by defendants in 1920-Whether there was a duty to disclose repayment-Finding by learned trial Judge that defendants were guilty of fraudulent misrepresentation - Judgment entered for plaintiff - Appeal - Duty of appeal Court-Conclusions as to credibility of witness-

THE "CORBEACH."

(1929) 33 Ll L Rep 298

Collision between steamships in River Thames in broad daylight - Plaintiff vessel proceeding down river against flood tide - Dispute as to place of collision-Finding that plaintiff vessel went off her down-river course-Failure to alter her course in accordance with her signals-Duty of defendant vessel to slacken speed in face of obvious danger-Thames By-laws, 1914-26, No. 36-Apportionment of blame - Plaintiffs: two-thirds; defendants: one-third - Appeal and cross-appeal dismissed.

THE "YOUNG SID."

(1929) 33 Ll L Rep 302

Collision - Appeal - Costs - Original apportionment of blame: two-thirds; one-third - Finding on appeal that vessels equally to blame - Appellants awarded costs of appeal - Appeal against award of costs - Discretion of Court - R.S.C., Order LXV, r. 1 - Appeal dismissed.

THE "ZILLAH."

(1929) 33 Ll L Rep 308

Callision between steamships in Queenstown Harbour-Division of navigable channel by Admiralty moorings - Vessels in collision in part of channel north of moorings-Allegation that defendant vessel, proceeding from Queenstown, should have used part of channel south of moorings - "The entire fairway shall be deemed to be a narrow channel"-Power of Harbour Commissioners to define "fairway," subject to the consent of the Lords Commissioners of the Admiralty -

THE "HORLEY" AND OTHER BARGES.

(1929) 33 Ll L Rep 313

Salvage-Services rendered by motor tug to barges adrift in River Thames - Failure of plaintiffs to satisfy onus of proof that barges were in danger- Towage-Claim for salvage dismissed.

KAUFMANN v. BRITISH SURETY INSURANCE COMPANY, LTD.

(1929) 33 Ll L Rep 315

Insurance (motor car)-Claim-Accident to car while being driven by assured's chauffeur on "private pleasure" - Proposal form covering "private hire" -Proposal form to be the basis of the contract-Knowledge of insurance company's representative that assured wished to cover "private pleasure"- Arbitration-Award in form of special case in favour of assured subject to opinion of Court-Motion to set aside award - Ambiguity - Estoppel-Admissibility of evidence to show, consistently with the language of the policy, what the risk was-Motion dismissed -Award upheld.

STOOMVAART MAATSCHAPPIJ "ZEELAND" v. HORLOCK.

(1929) 33 Ll L Rep 319

Wreck - Contract - Salvage operations undertaken by A (owners of wreck)- Guarantee given to Trinity House by A to light and mark wreck or in default to reimburse Trinity House cost of so doing or of dispersal - Purchase of wreck from A by B - Indemnity - Subsequent abandonment of salvage operations-Permanent lighting undertaken by Trinity House-Liability of A to Trinity House - Finding that B was bound by his agreement to indemnify A-Quantum.

NEW LIVERPOOL-EASTHAM FERRY & HOTEL COMPANY, LTD. v. OCEAN ACCIDENT & GUARANTEE CORPORATION, LTD.

(1929) 33 Ll L Rep 321

Insurance (marine)-Damage to ground moorings of barge-Barge used as coal hulk-Claim-Non-disclosure-Finding that insurers' representatives were aware of the purpose for which the barge was employed -

Lloyd's Law Reports