REARDON SMITH LINE, LTD. v. BLACK SEA & BALTIC GENERAL INSURANCE COMPANY, LTD.

(1938) 60 Ll.L.Rep. 353

COURT OF APPEAL.

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

Charter-party - General average - Deviation -Vessel bound from Poti to Baltimore-Customary route-Call at Constantza for bunker fuel-"20. Steamer has liberty to call at any port or ports, in any order, or places, to bunker"-Stranding at Constantza- Part cargo jettisoned-General average expenses incurred-Cargo lien released by plaintiff shipowners on guarantee given by cargo underwriters-Claim by plaintiffs for declaration that cargo underwriters were liable to pay to them the contribution due from cargo towards general average loss and expenditure, and that underwriters should concur in releasing to plaintiffs the sum deposited in bank in joint names to cover balance of freight (withheld from payment by consignees of jettisoned cargo)-Whether route taken was the ordinary commercial route for such a vessel-Trade custom or usage -Ambiguity-Waiver.