BEN LINE STEAMERS, LTD. v. JOSEPH HEUREUX (LONDON), LTD.

(1935) 52 Ll L Rep 27

COURT OF APPEAL.

Before Lord Justice Greer, Lord Justice Slesser and Lord Justice Roche.

Bill of lading-Indemnity-Shipment of galvanised sheets-Purchase f.o.b. by defendants from shippers - Mate's receipt describing condition as "Several bundles dirty before shipment" -Sheets in fact wet-stained before shipment - Communication from ship's agents to defendants: "We have to inform you that the captain . . . was forced to insert the following clause in the mate's receipt: 'Several bundles dirty before shipment' . . . Although the f.o.b. agents for the works can only be held responsible, we regret to say that these people refuse to hand us a letter of indemnity. In order to let you have clean bills of lading, we shall thank you if you will return us, duly signed, the enclosed letter of indemnity in duplicate" - Following indemnity signed by defendants: "In consideration of your handing us clean bills of lading, by the above vessel, for . . . 225 bundles galvanised sheets . . . the mate's receipt for which bears the following clause, viz.:- 'Several bundles dirty before shipment,' we hereby undertake and agree to pay on demand any claim that may arise, and to indemnify you against

all consequences of your so doing" -Sheets found seriously damaged at destination-Damage claim by consignees against ship settled-Claim by shipowners against defendants under indemnity agreement - Construction of agreement - Misrepresentation -Meaning of "several."