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

(1930) 38 Ll L Rep 105

KING'S BENCH DIVISION.

Before Mr. Justice Wright.

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" -