John Martin v Russell: 1961

‘The third argument, however, was that that was not a final warehouse within the meaning of the clause. On that point I have come to the conclusion that the plaintiffs are right; that it was not a final warehouse. The first and elementary consideration is this. The expression ‘final warehouse’ seems to contemplate that there may be a warehouse which is not final. If one were searching for an example of a non-final example of a warehouse it would be difficult or impossible to find a better example than a transit shed, which is essentially a shed in which goods are temporarily placed pending some further movement to some other place. The word ‘transit’ itself implies its transitory character. Then one looks at the clause itself, and one must try to construe it as it stands in relation to the other provisions of the policy. One has to bear in mind also what was said in the Mersey Docks and Harbour Board letter, that, when a ship is unloading, the normal practice is to put the goods in a transit shed. That is where they go straightaway. The effect of the Act and Regulations is that for the purposes of free rent or special rent the transit shed counts as the quay, or goods in a transit shed count as goods on a quay. It is clear under Clause 1 that the mere putting of goods on a quay does not terminate the insurance. After the arrival of the goods on the quay the insurance may last 60 days. ‘


[1960] Lloyd’s Rep 554

Cited by:

CitedBayview Motors Ltd v Mitsui Marine and Fire Insurance Company Ltd and others CA 7-Nov-2002
Two consignments of motor vehicles were protected in transit by a marine insurance. They were misappropriated at the port of landing. The insurers appealed a finding that the cars were still insured.
Held: The theft by an officer of the state . .
CitedBayview Motors Ltd v Mitsui Marine and Fire Insurance Company, Ltd and others ComC 23-Jan-2002
Two consignments of motor vehicles had been misappropriated by customs officers at Santo Domingo. The insurers under a marine insurance policy resisted payment on the basis that the cover was concluded.
Held: The occurrences giving rise to the . .
Lists of cited by and citing cases may be incomplete.


Updated: 29 April 2022; Ref: scu.183040