Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

ROYAL COMMISSION ON SUGAR SUPPLY v. HARTLEPOOLS SEATONIA STEAMSHIP CO., LTD.

(1927) 28 Ll.L.Rep. 72

KING'S BENCH DIVISION.

Before Mr. Justice MacKinnon.

Charter-party-Short delivery (bags of sugar)-Provision in charter-party that bill of lading quantity "to be conclusive evidence as to number of bags of sugar shipped unless error or fraud can be proved"-Provision in bill of lading that "Carrier shall not be concluded as to the correctness of statements herein of quality, quantity, &c." -Overriding effect of charter-party- Inference from arbitrator's findings that quantity was erroneous-Absence of positive evidence-Duty of shipowner to prove error-Judgment for charterers.

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