swarb.co.uk - law index
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Transport - From: 1200 To: 1799
This page lists 24 cases, and was prepared on 02 April 2018.
Repair of Bridges, Highways, and co [1572] EngR 309; (1572-1616) 13 Co Rep 33; (1572) 77 ER 1442
1572
Transport
[ Commonlii ]
Somerset v Markham; 1653 - [1653] EngR 1833; (1653) Cro Eliz 594; (1653) 78 ER 838 (A)
Newman v Croft; 1679 - [1679] EngR 38; (1679) Burrell 254; (1679) 167 ER 560 (C)
Waterhouse v The 'Catherine' [1681] EngR 174; (1681) Burrell 259; (1681) 167 ER 563 (A)
1681
Transport
[ Commonlii ]
Goddart v Garrett [1692] EngR 46; (1692) 2 Vern 269; (1692) 23 ER 774 (A)
16 Jun 1692
Insurance, Transport
One having no interest in the ship, lends £300 on a bottomry bond, and insures £450 on the ship ; policy decreed to be delivered up. -- One having no interest in a ship insures it, the insurance is void, though the policy runs, interest or no interest. But if he is interested in the ship, he may insure more than the value of his interest. Where one insures a ship, if he would have any benefit of the insurance, he must renounce his interest in the ship.
[ Commonlii ]
Beckham v Chapman The 'Little Betty' And The 'Jonas' [1695] EngR 6; (1695) Burrell 270; (1695) 167 ER 568 (B)
1695
Transport
[ Commonlii ]
Evans v Martell (or Marlett) [1697] 12 Mod Rep 156; [1697] 3 Salk 290
1697
Transport
Property is consigned not by the invoice but by the bill of lading. A bill of lading is capable of assignment. Any action against the master for a loss must be brought by the person in whom the property in the goods is vested. On a general consignment of the property, it vests in the consignee even though it may appear from the invoice that he is a trustee only. On a consignment to A for the use of B, the property is in B.
William Collier, Captain of His Majesty's Ship The Mermaid v Robert Stewart, Provost of Aberdeen, and Company, Owners and Freighters, and Alexander Inglis, Master of The Ship Joanna of Aberdeen [1715] UKHL Robertson_130; (1715) Robertson 130
8 Jul 1715
HL
Scotland, Transport
Prize - A French privateer having captured a Scots ship, took a quantity of goods out of her, and some money from the ship-master, and upon payment of a ransom agreed upon, allowed the ship to depart with a ransom brief; the privateer having continued upon the coast, and being there captured by a British ship of war the money and goods taken by force, as well as the ransom, were to be restored by the captors.
[ Bailii ]
Gibbons v The 'Susannah'-Frost v The 'Betty' [1734] EngR 29; (1734) Burrell 315; (1734) 167 ER 588 (D)
1734
Transport
[ Commonlii ]
'De Vriendschap' [1758] EngR 11; (1758-1774) Burrell 155; (1758) 167 ER 517 (A)
1758
Transport
[ Commonlii ]
The 'Isabella' [1758] EngR 82; (1758-1774) Burrell 191; (1758) 167 ER 534 (A)
1758
Transport
[ Commonlii ]
John Grahame, James Coulter, and Others, Underwriters of The Ship "The Jean," and Her Cargo v Robert M'Nair [1770] UKHL 2_Paton_244
29 Mar 1770
HL
Transport
Marine Insurance - Deviation.-
Held that deviation of the ship in the course of the voyage insured, must be wilful, in order to void the policy, and that accidental or involuntary deviation will not have that effect. Circumstances in which held wilful deviation not proven.
[ Bailii ]
No 27 Mackenzie &Amp; Co v The 'St Andrew' And v Ogilvy, Intervening For His Interest [1774] EngR 23; (1774) Burrell 124; (1774) 167 ER 503
1774
Contract, Transport
Whether a prior or posterior bottomree bond shall have preference for payment.
[ Commonlii ]
The 'Jean Isabella' [1778] EngR 140; (1778) Hay & M 185; (1778) 165 ER 43 (B)
2 Dec 1778
Transport
[ Commonlii ]
Le Cras v Hughes [1782] EngR 54; (1782) 3 Doug 81; (1782) 99 ER 549
3 May 1782
Transport, Insurance
A squadron of ships of war, assisted by land forces, having captured two Spanish register ships, held that the officers and crews of the squadron have an insurabIe interest in the ships captured under the Prize Act, 19 G, 3, c, 67, before condemnation. An average loss opens a valued policy.
[ Commonlii ]
Hibbert v Carter (1787) 1 Term Rep 745; (1787) 99 ER 1355
1787
Transport
The indorsement of a bill of lading in favour of a creditor prima facie conveys the whole of the property to the assignee from the time when they are delivered, but where the assignment in its face intended only to bind the net proceeds in case of arrival, an insurance made on account of the indorser is good even if made after the indorsement.
John Wood and Company, Shipbuilders In Port Glasgow, Messrs Brown and Company and Others v Hamilton, Trustee [1789] UKHL 3 - Paton - 148
15 Jun 1789
HL
Transport
Bottomry - Hypothec. - Hypothec does not attach for repairs executed while the ship is in a home port
[ Bailii ]
Lickbarrow v Mason (1794) 5 Term Rep 683
1794
Transport
The attornment of a bill of lading is transferrable and therefore the indorsement and delivery of the bill of lading is capable of transferring the endorser's right to the possession of the goods to the endorsee.
1 Citers
Knight v Cambridge [1795] EngR 2308; (1795) 8 Mod 229; (1795) 88 ER 165 (B)
1795
Transport, Insurance
If the master of a sbip, intending to avoid the payment of port duties, attempt to run her out of port, and is stopped, and the ship thereby forfeited, this is barratry in the master, and renders the underwriter of the ship liable, within the terms of a policy insuring against the barratry of the master.
[ Commonlii ]
Redpath v The 'Vrow Maria' [1798] EngR 9; (1798) Burrell 334; (1798) 167 ER 597 (B)
1798
Transport
[ Commonlii ]
Dawes v Peck (1799) 8 Term Rep 330
1799
Transport
Where there is a named consignee on a bill of lading it may be inferred that the contracting party is the consignee not the shipper.
1 Citers
The 'Emanuel'-(Soderstrom, Master) [1799] EngR 659; (1799) 1 C Rob 296; (1799) 165 ER 183
9 Apr 1799
Transport
[ Commonlii ]
The 'Copenhagen' [1799] EngR 668; (1799) 1 C Rob 289; (1799) 165 ER 180 (B)
12 Apr 1799
Transport
[ Commonlii ]
The 'Isabella'-Brand, Master [1799] EngR 873; (1799) 2 C Rob 241; (1799) 165 ER 302 (B)
22 Nov 1799
Transport
[ Commonlii ]
