TATE & LYLE, LTD. v. HAIN STEAMSHIP CO., LTD.

(1933) 47 Ll.L.Rep. 297

KING'S BENCH DIVISION.

Before Mr. Justice Roche.

Bill of lading - Deviation - General average - Claim by plaintiff cargo-owners to be released from obligation undertaken by them by way of average bond - Sale of sugar to plaintiffs - Charter by sellers of defendants' vessel Tregenna-Vessel to "proceed to Cuba and there load . . . at one or two safe ports on the south side and at one safe port on the south side of San Domingo as ordered and/or at customary outside anchorage at charterers' option. . . ." -Incorporation in bill of lading of charter-party terms and conditions - Vessel instructed by ship's agents in accordance with sellers' request to proceed to Casilda as vessel's first loading port - Following sellers' further request, night letter telegram sent by ship's agents ordering captain to proceed to Santiago and to San Pedro (San Domingo)-No telegraph beyond Trinidad (Cuba)-Ship's agents informed by cable company that message would be mailed from Trinidad to Casilda-Message not delivered-Vessel proceeds to Santiago from Casilda in accordance with sellers' agents' instructions -Failure to call at San Pedro- Vessel recalled to San Pedro upon discovery of mistake-Grounding of vessel on leaving San Pedro, general average expenses being incurred by shipowners -Claim by plaintiffs that they were not liable to contribute as the vessel had deviated - Alleged negligence of shipowners in transmitting orders to captain