HOVIS, LTD. v. UNITED BRITISH STEAMSHIP COMPANY, LTD. (THE "SINNINGTON COURT.")

(1937) 57 Ll.L.Rep. 117

MAYOR'S AND CITY OF LONDONCOURT.

Before His Honour Deputy Judge A. H. Forbes.

Bill of lading-Bad stowage-Benefit of insurance clause-Damage to cargo of wheat germ in sacks-Claim by cargo-owners against shipowners - Cargo shipped under bill of lading incorporating Canadian Water-Carriage of Goods Act, 1910-Delivery mildewed and caked and tainted with resin-Perils of the sea-Inherent vice-Evidence that cargo was stowed in hold with Douglas fir boards- Plaintiffs' claim under policy on cargo paid by insurers-Policy providing that insurance should not inure to the benefit of any carrier and that insurers should not be liable in respect of goods shipped under bill of lading containing a benefit of insurance clause-Right of shipowners to rely on benefit of insurance clause by way of set-off or counterclaim - Illegality - Canadian Water-Carriage of Goods Act, 1910, Sect. 4.