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KIDSTON v. DEUTSCHE LUFT HANSA AKTIENGESELLSCHAFT.

(1930) 38 Ll.L.Rep. 1

Procedure - Application to stay action - Accident to German aeroplane in England - Claim by aeroplane passenger for loss of luggage - Dispute as to passenger contract conditions - Whether English Courts the proper forum - Principles the Courts apply -

UNITED FRUIT COMPANY v. FREDERICK LEYLAND & CO., LTD., AND ROBERTS, BRINING & CO., LTD.

(1930) 38 Ll.L.Rep. 3

Conversion-Injunction claimed by plaintiffs restraining defendants from dealing with cargo of bananas-Fruit shipped from Central America - Allegations that bananas belonged to plaintiffs under monopoly contracts with growers - Injunction granted restraining defendants from dealing with fruit other than by delivery to plaintiffs - Perishable goods - Inefficacy of order-Order varied.

THE "LIVONIA."

(1930) 38 Ll.L.Rep. 8

Collision between steamships Pass of Leny and Livonia off Haisbro' Light-vessel during fog - Disputed courses and speeds -

SLINGSBY AND OTHERS v. WESTMINSTER BANK.

(1930) 38 Ll.L.Rep. 14

Bankers - Negligence - Bank of England warrant for War Loan interest ("account X, deceased") marked "Not negotiable," made payable to first-named executor (who was also an annuitant), indorsed by her and sent to executors' solicitor for payment into executors' account - Payment by solicitor into his own account six weeks later - Liability of bank - Nature of warrant - Meaning of "dividend" - Bills of Exchange Act, 1882, Sects. 82, 95-

FOURNIER AND ANOTHER v. VALENTINE.

(1930) 38 Ll.L.Rep. 19

Insurance (theft) - Loss (cinematograph films)-Claim-Defences: (1) of fraud; and (2) of concealment of material facts-Onus of proof -

ITALIAN IMPORTING COMPANY OF NEW YORK AND OTHERS v. NAVIGAZIONE LIBERA TRIESTINA SOC. ANON. (THE "CARSO.")

(1930) 38 Ll.L.Rep. 22

Bill of lading-Damage to cargo (cheese)- Claims by buyer-consignees against shipowners - Bills of lading reciting that cheese was "shipped in apparent good order and condition" - Drafts accepted by buyer-consignees, relying on clean bills of lading - Evidence from boat notes that cargo was in bad condition on shipment - Estoppel - Whether shipowners protected by clause requiring notice of claim for damage before goods left the ship's deck-

W. H. COCKERLINE & CO. v. COMMISSIONERS OF INLAND REVENUE.

(1930) 38 Ll.L.Rep. 33

Revenue-Excess Profits Duty-Liability of subject-Dispute between subject and Inland Revenue-Duty and penalties subsequently paid by subject following agreement between parties-No assessment-Whether subject entitled to re-open dispute-

THE "CRUSADE."

(1930) 38 Ll.L.Rep. 44

Collision between sailing barge Scone and tug Crusade in Gravesend Reach, River Thames-Barge, bound up, shaping to pass to southward of mooring buoys - Tug, proceeding from anchorage in mid-river, bound under starboard helm for Terrace Pier-

DAMPFSCHIFFS GESELLSCHAFT AUG. CORDS G.m.b.H. v. REGENT STEVEDORING CO., LTD.

(1930) 38 Ll.L.Rep. 46

Stevedores - Negligence - Loss of and damage to timber discharged into lighters from steamship in River Thames-Original claim by cargo-owners against lightermen and against shipowners-Bad stowage-Sufficient craft available-Lightermen protected by London Lighterage Clause-Judgment for cargo-owners against shipowners -Shipowners' claim against stevedores employed by them-Duty of stevedores - Knowledge of stevedores that lighters' margin of safety had been reached-

KASSOS STEAM NAVIGATION COMPANY, LTD. v. GREAT WESTERN RAILWAY COMPANY.

(1930) 38 Ll.L.Rep. 49

Ship - Tonnage measurement - Method applicable to deck cargo-Claim by shipowners against dockowners for return of dock dues alleged to have been overpaid - Merchant Shipping Act, 1894, Sects. 77, 85; Second Schedule, Rules I, II -

WISENTHAL v. WORLD AUXILIARY INSURANCE CORPORATION, LTD.

(1930) 38 Ll.L.Rep. 54

Insurance (burglary)-Loss (furs)-Claim -Defence: (1) Fraud; (2) Concealment of material facts-Jury's finding that there was concealment regarding certain material facts-Judgment entered for defendant insurance company.

PLAYER v. ANGLO-SAXON INSURANCE ASSOCIATION, LTD.

(1930) 38 Ll.L.Rep. 62

Insurance (motor) - Accident - Necessary repairs costing more than £10-Claim disputed-Allegation by insurers that claimant was not covered by their policy-Contention by claimant that policy was subsisting, and that, as by a term of that policy he was precluded from himself re pairing the car to an extent costing more than £10, he was entitled after the lapse of a reasonable time to hire a car in lieu of his damaged car until such damaged car was repaired by the insurers-Insurers' subsequent acceptance of liability for damage-Whether insurers also liable for hire-

SEAHAM HARBOUR DOCK COMPANY v. CROOK (INSPECTOR OF TAXES).

(1930) 38 Ll.L.Rep. 65

Revenue-Income Tax-Grant to dock company from Unemployment Grants Committee for dock extension work-Grant for a period of two years of a sum equivalent to half of the interest on approved expenditure met out of certain loans-Nature of grant-Whether a capital or an income receipt-

THE "SUNTRAP."

(1930) 38 Ll.L.Rep. 71

Collision between barge Kingston (in tow of tug Lettie) and steamship Suntrap in Limehouse Reach, River Thames, in broad daylight-Lettie turning in river; Suntrap bound down-Proper warning given by Lettie-Duty of vessel turning in river-Port of London River By-laws, 1914-1926, Rules 23, 34-

VALSECCHI v. COSTA.

(1930) 38 Ll.L.Rep. 76

Sale of goods-Breaches by Italian seller- Construction of contracts for supply of cheeses-Whether English or Italian law applicable-(1) Alleged exclusive right of buyer to seller's goods consigned to England-Seller's right to determine-(2) Refusal by seller to make further deliveries following upon buyer's failure to pay for certain consignments-

MACCOLL & POLLOCK, LTD. v. INDEMNITY MUTUAL MARINE ASSURANCE COMPANY, LTD.

(1930) 38 Ll.L.Rep. 79

Insurance (machinery)-Latent defect in cylinders supplied by sub-contractors to ship-repairers (assured)-Claim by assured to recover cost of taking out, replacing and refitting - Inland Machinery Clauses-Policy covering "cost of repairs and/or loss of and/or damage to the interest . . . through any latent defect in the thing insured . . ." -Risk to operate "during . . . fitting up and trials"-"Including all risks of and while under construction . . . whilst erecting, fitting up, trying, and/or testing . . ."-Inchmaree Clause compared-Meaning of "coat of repairs" -

"ISTROS" (OWNERS) v. F. W. DAHLSTROM & CO.

(1930) 38 Ll.L.Rep. 84

Charter-party-Hire-Failure of master to prosecute voyage with utmost dispatch -Claim by charterers to set off, against shipowners' claim for balance of hire, that hire applicable to delay-"Owners only to be responsible for delay . . . if such delay . . . caused by want of due diligence on the part of owners or their manager, in making steamer seaworthy and fitted for the voyage or any other personal act or omission or default of owners or their manager. Owners not to be responsible in any other case nor for damage or delay whatsoever and howsoever caused even if caused by the neglect or default of owners' servants" - Whether shipowners protected - Award in favour of shipowners-Award upheld.

"VECHTDIJK" (CARGO EX) v. GLEN LINE, LTD.

(1930) 38 Ll.L.Rep. 87

Practice-Claim by owners of cargo ex steamship Vechtdijk against owners of steamship Glenluce, vessels having been in collision-Motion by defendants to stay proceedings-Pleas: (1) res judicata; (2) vexatious proceeding- Judgment given by Belgian Court, in action brought by the master of Vechtdijk against the master of Glenluce, that Glenluce was to blame for collision-Owners of cargo ex Vechtdijk not communicated with-

THE "P.L.M. 17."

(1930) 38 Ll.L.Rep. 91

Collision between steamships New Londoner and P.L.M. 17 in River Tyne in broad daylight - New Londoner turning in river; P.L.M. 17 proceeding down - Whether turning signal properly sounded by New Londoner- Held, that the New Londoner was properly sounding turning signals which the P.L.M. 17 must have heard; that, even if no turning signals had been sounded, the P.L.M. 17 should have been aware of the manoeuvres of the New Londoner in time to avoid her; that the New Londoner acted with due regard to other vessels navigating in the river; and that therefore the P.L.M. 17 was alone to blame in failing to hold back until the New Londoner had completed her turn.

THE "IBIS."

(1930) 38 Ll.L.Rep. 96

Collision between steamships Torchbearer and Ibis off the entrance to the River Tyne in foggy weather - Dispute as to manoeuvres -

CALICO PRINTERS' ASSOCIATION, LTD. v. BARCLAYS BANK, LTD., AND ANGLO-PALESTINE COMPANY, LTD.

(1930) 38 Ll.L.Rep. 105

Banking-Contract-Principal and agent -Consignment of plaintiffs' goods to Beyrout-Drafts and documents of title presented to English bank for collection through foreign bank (nominated by plaintiffs), documents to be released on payment of drafts by consignees - "Please do your best on our behalf to warehouse and insure them against fire" - Condition: "Collections are undertaken at depositors' risk only, on the understanding that no liabilty whatever attaches to the bank in connection therewith or with the storage and insurance of the relative goods"- English bank's instructions to foreign bank: "Surrender documents on payment. If refused, warehouse and insure goods"-Goods destroyed by fire at Beyrout before drafts paid and without insurance having been effected - Claim by plaintiffs against English and foreign banks for breach of contract and/or duty - Right of plaintiffs (principals) to claim against foreign bank (sub-agents)-Privity-Right of English bank to rely upon conditions -Ambiguity - Repugnancy - "Deviation" -

G. C. DOBELL & CO., LTD. v. BARBER & GARRATT.

(1930) 38 Ll.L.Rep. 115

Sale of goods-Breach of warranty-Sale of Bombay linseed cake by defendants to plaintiffs-Defendants acting for undisclosed principals (pledgee bank) -"The cake is sold 'tel quel' in all respects, but O. & F.'s analysis, for which sellers accept no responsibility, is: . . . castor free"-Sub-sales by plaintiffs without any further analyses being taken-Cake subsequently found to contain castor seed-Claims by sub-buyers against plaintiffs - Claim by plaintiffs against defendants to be indemnified - Fertilisers & Feeding Stuffs Act, 1926, Sects. 2 (2), 24-Construction -Whether a "sale for use as food for cattle"-Effect of Sect. 24- Measure of damages.

"LONDON" v. "GRANLI."

(1930) 38 Ll.L.Rep. 126

Practice-Lis alibi pendens-Collision between steamships London and Granli- Action brought in Scotland by London against Granli-Action subsequently brought in England by Granli against London-Motion by London to stay English proceedings - Discretion of Court-

THE "SAN QUIRINO."

(1930) 38 Ll.L.Rep. 129

Collision between steamships Attualita and San Quirino-San Quirino found alone to blame-Attualita temporarily repaired at Buenos Ayres and permanently repaired at Genoa-Reference to Registrar as to damages- Claims by Attualita in respect of port dues, master's hotel expenses, injury to furnaces, coal consumption, detention of vessel, and other incidental expenses, reduced-Claims in respect of commission on guarantee (to meet claim by salvors of Attualita), banking and other incidental expenses disallowed - Discretion of Registrar - Motion in objection dismissed.

THE "NORHAM."

(1930) 38 Ll.L.Rep. 132

Collision between sailing barge Heron and steamship Norham in Northfleet Hope, River Thames-Barge proceeding down on northerly side of river; steamship proceeding up-Vessels safely green to green-Porting by Norham across Heron's course - Bad look-out on Norham-Improper action of barge in starboarding before the wind-Both found to blame: Heron, one-quarter; Norham, three-quarters - Norham ordered to pay own costs and half Heron's casts.

THE "TOVARISCH."

(1930) 38 Ll.L.Rep. 139

Collision between steamship Alcantara and barque Tovarisch in English Channel -Alcantara sunk - Vessels in position to pass safely green to green-Starboarding by Tovarisch with exhibition of green flare-up light on starboard side-Porting by Alcantara across bows of Tovarisch - Poring by Tovarisch - Collision Regulations, Arts. 1, 12- Construction -

ROGERSON v. SCOTTISH AUTOMOBILE & GENERAL INSURANCE COMPANY, LTD.

(1930) 38 Ll.L.Rep. 142

Insurance (motor car) - Third party risks - Declaration claimed by assured that he was entitled to be indemnified by the insurers-"This insurance shall cover the legal liability as aforesaid of the assured in respect of the use by the assured of any motor car (other than a hired car), provided that such car is at the time of the accident being used instead of 'the insured car'"- Insurance of Lancia torpedo-bodied car - Exchange for Lancia saloon car of approximately same value and power - Whether saloon car being used "instead of" insured car-

"VECHTDIJK" (CARGO EX) v. GLEN LINE, LTD.

(1930) 38 Ll.L.Rep. 146

Practice - Claim by owners of cargo ex steamship Vechtdijk against owners of steamship Glenluce, vessels having been in collision - Motion by defendants to stay proceedings - Pleas: (1) res judicata: (2) vexatious proceeding - Judgment given by Belgian Court, in action brought by master of Vechtdijk against the master of the Glenluce, that Glenluce was to blame for collision - Owners of cargo ex Vechtdijk not communicated with -

THE "CANADIAN MARINER."

(1930) 38 Ll.L.Rep. 151

Collision between steamships Aud and Canadian Mariner in English Channel during dense fog - Admission by Canadian Mariner that she was one-half to blame - Finding that Canadian Mariner was to blame for excessive speed and for failure to stop on hearing forward of her beam the whistle of the Aud-

COOLEE, LTD. v. WING, HEATH & CO.; SEDGWICK, COLLINS & CO., LTD. (THIRD PARTIES).

(1930) 38 Ll.L.Rep. 157

Insurance brokers - Negligence - Breach of duty-Employment of A (provincial brokers) to effect insurance covering workmen's compensation risks - Risk placed at Lloyd's by A through B (Lloyd's brokers) - Material alteration in risk - A notified by letter from plaintiffs - Negligence of A and B - Underwriters not informed - Loss. under policy - Liability repudiated by underwriters - Claim by plaintiffs against A - B brought in by A as third parties - Privity -

LITTLE, WHYTE & CO., LTD. v. WILLIAM ASHBY, LTD.

(1930) 38 Ll.L.Rep. 162

Contract - Breach - Agreement by defendants to discharge plaintiffs' vessels at defendants' wharf - Special facilities to be given - "Preference as before" - Meaning of "preference" - Plaintiffs in arrear with payments - Summary determination of contract by defendants - Demurrage - Measure of damages -

THE "DUNDEE."

(1930) 38 Ll.L.Rep. 165

Collision between hopper Middle Deep (in tow of tug Danube IV) and steamship Dundee in Gallions Reach, River Thames - Hopper and tug stemming flood tide; Dundee bound up - Hopper and tug on north side of river, awaiting entry into Royal Albert Dock-Dundee found alone to blame in that (1) her speed was excessive; (2) her look-out was bad; and (3) she ported to the starboard helm signal of the Danube IV.

THE "JAMES 59" AND THE "FOREMOST 49."

(1930) 38 Ll.L.Rep. 172

Salvage-Services rendered by trawlers Ardent, E. & F. and William Caldwell to dredger Foremost 49 and hopper James 59 off the Smalls-Dredger, originally in tow of hopper, broken adrift-Attempt to re-establish connection -Hopper's propeller fouled by tow rope - Hopper and dredger bumping together-Vessels separated and towed to Milford Haven-Possibility of vessels drifting ashore-Probability of other assistance being available-Position considered where salvor, at request, takes in tow the less valuable vessel-Values: hopper, £1836; dredger, £20,089-Awards: William Caldwell, £750; Ardent, £600; E. & F. £500.

THE "ANNIK."

(1930) 38 Ll.L.Rep. 179

Collision between steamship Shoreham and Annik off Trevose Head in dense fog -

THE "PHILA."

(1930) 38 Ll.L.Rep. 182

Collision between steamships Jacov Sverdlov and Phila in Gravesend Reach, River Thames - Jacov Sverdlov properly turning in river to come to anchor; Phila proceeding up preparatory to anchoring - Bad look-out on Phila - Negligent starboarding by Phila into Jacov Sverdlov - Phila found alone to blame.

EQUITABLE TRUST COMPANY OF NEW YORK v. HENDERSON.

(1930) 38 Ll.L.Rep. 187

Insurance - Loss - Policy covering "all losses . . . which [plaintiffs] may sustain . . . by reason of their having in the ordinary course of business in good faith and without notice taken, received, transferred, delivered or acted upon any . . . documents . . . which may prove (a) to have been forged or invalid . . ." - Money advanced by plaintiffs upon statement of accounts fraudulently certified by A - A guilty according to the criminal code of the State of New York of "forgery in the third degree" - Right of plaintiffs to recover under policy - Construction -

IN RE PERRY & BROWN'S PATENTS.

(1930) 38 Ll.L.Rep. 189

Patent-Petition for extension of term- Gyroscopic compass produced during war period-Limited market-Patents and Designs Act, 1907-1919, Sect. 18 (4) (5)-

JOHN MURRAY v. ELLERMAN LINES, LTD. (OWNERS OF THE STEAMSHIP "CROXTETH HALL"); JOSEPH COMERFORD v. WHITE STAR LINE (OWNERS OF THE STEAMSHIP "CELTIC").

(1930) 38 Ll.L.Rep. 193

Seamen - Wreak - Wages - Unemployment - Services terminated by wreck short time before completion of voyage under articles - Evidence of probable employment on vessel on next voyage - Merchant Shipping (International Labour Conventions) Act, 1925, Sect. 1 (1), (2) - Construction - Right of seamen to wages-

THE "OTRANTO."

(1930) 38 Ll.L.Rep. 204

Collision between steamships Kitano Maru and Otranto off Humber Light-vessel- Vessels crossing at right-angles, with the Kitano Maru the give-way vessel- Interpretation of rules requiring Otranto to keep course and speed; to take action "as will best aid to avert collision" where collision unavoidable by Kitano Maru alone - Starboarding, with signal, by Otranto, followed by porting by Kitano Maru - "Golden rule" to take off way - Collision Regulations, Arts. 19, 21, 22, 23 and 27 - Kitano Maru admittedly to blame -

THE "LIVONIA."

(1930) 38 Ll.L.Rep. 209

Bill of lading - Damage to and loss of cargo (timber) - Claim by cargo-owners against shipowners - Serious list developed just before completion of loading (in holds and on deck) - Jettison of cargo - Cause of list - Unseaworthiness or perils of the sea - "The shipowner shall not be liable for loss or damage arising or resulting from unseaworthiness unless caused by want of due diligence . . ." or from "latent defects not discoverable by due diligence" -

THE "LONDON."

(1930) 38 Ll.L.Rep. 215

Collision between steamships Granli and London in Dundee Roads - Granli at anchor - London inward bound - Disputed exhibition of forward anchor light -

THE "HARLYN."

(1930) 38 Ll.L.Rep. 219

Collision between steamships Hilde and Harlyn in Gravesend Reach, River Thames - Hilde proceeding from anchorage on south side of ricer to position north of mid-channel - Harlyn bound down - Duty of Hilde to take care - Starboarding by Harlyn to Hilde's red light - Vessels found equally to blame.

THE "GRANGEWOOD."

(1930) 38 Ll.L.Rep. 224

Overtaking collision in broad daylight between steam drifter Mary Adeline and steamship Grangewood at entrance to River Tyne - Mary Adeline sunk - Disputed helm action - Look-out -

NEDERLANDSCHE HANDELMAATSCHAPPIJ v. STRATHLORNE STEAMSHIP COMPANY.

(1930) 38 Ll.L.Rep. 228

Bill of lading - Conversion - Delivery of cargo without production of bills of lading - Cargo consigned by A to B - Bills of exchange drawn by A on B - Acceptance by B - Advance by pursuers to B (on security of documents) - Cargo delivered by ship to C without production of bills of lading - B sued by pursuers on bills of exchange-Judgment in favour of pursuers unsatisfied - Claim by pursuers against ship - Election - Measure of damages - Interest -

MACNAMARA & SON v. "HATTERAS" (OWNERS).

(1930) 38 Ll.L.Rep. 233

Bill of lading - Damage to cargo (tobacco) contaminated by vermin originating in adjacent cargo - "Except when caused by negligence on the part of the vessel, neither the vessel, her owner, nor agent, shall be liable for loss or damage resulting from . . . vermin" - Incorporation of Harter Act - Repugnancy -

PAILOR v. CO-OPERATIVE INSURANCE SOCIETY, LTD.

(1930) 38 Ll.L.Rep. 237

Insurance (motor) - Accident - Third party risk-Liability of insurers-Car driven by employee of insured's friend on friend's business - "The Society will also similarly indemnify any relation or friend of the insured . . . whilst driving . . . with the insured's knowledge and consent" -The Society shall not be liable while the car "is being used for other than private pleasure or professional purposes or for driving to and from the insured's place of business or for making personal business calls (excluding commercial travelling) or personal visits to the scene of his business operations" - Construction - Arbitrator's finding of fact that employee was a friend of the insured -

EVANS v. "EL URUGUAYO" (OWNERS); BARLOW v. PACIFIC STEAM NAVIGATION CO.

(1930) 38 Ll.L.Rep. 242

Workmen's compensation - Termination of weekly payments following examination of workman by employer's doctor - Service of counter-notice by workman within 10 days - Claim for interim award at hearing of main arbitration, no notice having previously been given - Workmen's Compensation Act, 1925, Sect. 12 - Claim dismissed by learned arbitrator - Appeal dismissed.

RENNIE v. DALGLIESH STEAM SHIPPING COMPANY, LTD.

(1930) 38 Ll.L.Rep. 245

Workmen's compensation - Injury to fireman on board vessel - Claimant ordered to "go and fetch" another seaman who had failed to appear for duty - Claimant attacked by delinquent and seriously injured - Right to compensation -

ALLGEMEINE VERSICHERUNGS GESELLSCHAFT HELVETIA v. ADMINISTRATOR OF GERMAN PROPERTY.

(1930) 38 Ll.L.Rep. 247

Reprisals Order, 1915-Consignment of enemy goods per neutral vessel - Goods seized and detained under order of British Prize Court - Goods insured with neutral underwriters against war risks - Abandonment of goods to underwriters on payment for total loss - Right of underwriters to recover proceeds from Administrator of Enemy Property-Trading with the Enemy (Amendment) Act, 1914, Sect. 6: "No person shall by virtue of any assignment of any debt or chose in action . . . made or to be made in his favour by or on behalf of an enemy . . . have any rights or remedies against the person liable to pay, discharge or satisfy the debt, chose in action . . . unless he proves that the assignment . . . was made by leave of the Board of Trade . . ."-

THE "BREMEN."

(1930) 38 Ll.L.Rep. 260

Collision between steamships British Grenadier and Bremen in English Channel in dense fog - British Grenadier bound up; Bremen bound down-Duty of vessel in fog on hearing signals of another vessel abaft the beam, where the signals on repetition keep the same bearing-

FOSCOLO, MANGO & CO., LTD., AND H. C. VIVIAN, LTD. v. STAG LINE, LTD.

(1930) 38 Ll.L.Rep. 271

Bill of lading-Deviation-Loss of ship and cargo by perils of the sea-Vessel bound from Swansea to Istanbul with coal - Course altered for St. Ives to land engineer(on board to superintend working of super-heater) - Vessel wrecked soon after leaving St. Ives- "With liberty to sail without pilots, to call at any ports in any order, for bunkering or other purposes or to make trial trips after notice or adjust compasses all as part of the contract voyage . . . ."-Carriage of Goods by Sea Act, 1924, Schedule, Art IV (4): "And reasonable deviation shall not be deemed to be an infringement or breach of these rules or of the contract of carriage . . . ."-Meaning of "reasonable" deviation-Claim by sellers and buyers under c.i.f. contract-Right of buyers, who had not received the documents at the time of the loss, to sue- Measure of damages-

Lloyd's Law Reports