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IMPORTANT TO SHIPOWNERS AND MERCHANTS. COURT OF COMMON PLEAS. GRANT ANE OTHERS v. NORWAY AND OTHERS. Mr. Crowder, Q.C., Mr. Serjeant Channell, and Mr. Bovill, were counsel for the plaintiffs; Mr. Martin, QC Mr. Butt, Q.C., and lr. Cleasby, were counsel for the dtiendants. This was an action on the case brought by the plaintiffs, mer- chants at Calcutta, and assignees of a bill of lading, of a vessel called the Belle, to recover damages against the defendants, the owners of that vessel, tor a false representation contained in the bdl of lading. It appeared that in April, 18'6. the vessel was lying at Calcutta, bound for London. It had been chartered by Messrs. Beale. Cock. and Co., at Calcutta, at whose inssiga'ion the captain signed, on the 17th of April, a bill of lading which stated twelve bales of silk had Leen shipped on board her. In truth no such bdes had been shipped. The following day Beale Cock, aud Co., drew a bill of exchange fur flGS-I, on Johnston! Cole, and Co., or J. E. Cock, and negotiated the hill with the plaintiff's, a: the same time handing to 'hem the bill of lading as a collateral security. Had the goods mentioned in the bill of lading been shipped, their ulue, it was admitted, would have amounted to £iOO. The parties primanly liable upon the bill of exchange having failed, this action was now brought to re- cover the acknowledged value of ihe bales of silk, on the ground that the defendants, as owners of the vessel, were responsible to third parties, uona fide holders of value without notice, making advances on the bill of ladiHg. On the part of defendant it was contended that the authority of the captain, as agent to the ship- owners, did not extend to a case like the pieseut, where the cap- tain had gone beyond his duty and made a false representation. The Lord Chief Justiee intimated that the question was one of general importance, but turning rather upon matter of law than offact whereupon it was agreed by counsel on both sides, that the facts should be stated in the shape of a special case, in order to have the opinion of the full court upon the question 01 law.

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