THOMAS DIAMOND & CO. v. WESTMINSTER BANK, LTD.

(1927) 29 Ll L Rep 136

KING'S BENCH DIVISION.

Before Mr. Justice MacKinnon.

Repairs to ship-Claim by ship-repairers against mortgagees (bank) - Alleged guarantee to pay cost of repairs - Admitted benefit to bank on sale - Finding that bank guaranteed payment out of sums due under insurance policies on ship held by them-Settlement of claims under policies prevented by retention of average adjustment by director of managing owners-Implied obligation on bank to facilitate recovery -Judgment for bank.