STEWART & CRAIG v. GALE.

(1934) 48 Ll.L.Rep. 29

COURT OF SESSION.

Before Lord Aitchison (Lord Justice-Clerk), Lord Hunter, Lord Anderson and Lord Murray.

Repairs to ship-Claim for payment by repairers against insurance broker- Repairs executed upon instructions of E & Co., managers for the ship - Insurance effected, also upon instructions of E & Co., through defender with underwriters-Repairs covered by insurance - Payment of pursuers' account-Undertaking by defender to pursuers: "We beg to inform you, by request of [E. & Co.] that they have authorised us to pay over to you direct the amounts collected from underwriters in respect of this claim, and we shall accordingly do so. We may say that we wrote yesterday to arrange with underwriters to make a payment to account of the claim, in respect of your repairs account. We have yet to hear from them in reply, but we have no doubt that our proposal will be agreed to, and we shall take all steps to secure prompt settlement. You, will appreciate that such a settlement must take its usual course, but we shall do all possible to avoid delay"-Construction -Obligation imposed