KOLBIN & SONS AND OTHERS v. KINNEAR & CO., LTD., AND OTHERS (THE "ALTAI"); SAME v. UNITED SHIPPING COMPANY, LTD. (THE "EDUARD WOERMANN").
(1931) 40 Ll L Rep 241
HOUSE OF LORDS.
Before Viscount Dunedin, Lord Warrington of Clyffe, Lord Atkin, Lord Thankerton and Lord Macmillan.
(1) Conversion-Damages-Claim against ship's agents by owners and shippers (pre-Soviet Russian partnership) in respect of goods delivered to A without production of bills of lading-Consignment "unto order of War Office for account of (pursuers) or to his or their assigns"-Delivery of goods to A (as pursuers' agent) for transfer to War Office-Authority of War Office-Price paid by War Office to A and retained by him-Bankruptcy of A-Plea of mora-Interest.
(2) Conversion-Damages-Claim against ship's agents by owners of goods (pre-Soviet Russian partnership)-Goods dispatched by the defenders from Archangel to England admittedly in pursuers' interests - Goods disposed of to A (as pursuers' agent)-Defendants as negotiorum gestores-Goods sold by A and the price retained by him - Bankruptcy of A - Plea of mora - Interest.