Schweizerische Metallwerke Selve & Co. Thun v. Atlantic Container Line Ltd. - Federal Ct. of Appeal (Pratte, Marceau and Hugessen JJ.) - 7 November 1985

Conversion of goods after discharge - Whether claim against shipowner time-barred by Hague Rules one year limitation period

The plaintiffs sent a load of wire from Antwerp, Belgium to its customer, Digital Components Ltd. of Bedford, Nova Scotia. The terms of the sale were cash against documents. The wire was duly loaded on board the defendants’ vessel and the defendants issued to the plaintiffs a clean on board bill of lading. After arrival in Halifax, Nova Scotia on 10 July 1974 the defendants released the wire to Digital without asking for surrender of the original bill of lading.