'A case in which the German Courta of Appeal gave an portant judgment with regard the part played by "business usage" in a dispute with regard to payment of shipping freight hay ce-cently excited considerable interest in shipping circles.
The firm "H. & T., of Bremen, had, as consignee a cargo wool coming from overseas, undertaken to pay to the Bremen firm "S,." the agents of the British shipping company whose steam er had brought the wool to Hamburg for transhipment by lighter Bremen, a deposit of B.200,000 and Hater on to make a payment of £527 23, 3d. in English currency in set tlement of the freight, The wool was duly delivered to "H. & T. who paid the deposit but failed to pay the amount due in pounds ster-The firm of "S." then sued change ruling on day of payment} be equivalent to the sterling amount The Tribunal de Commerce of Havre on May 2, 1924, held. that, in accordance with the' contention: of the defendants, M. Odinet -and the Credit Havrais, the debit balance would be liquidated by payment of a sum in francs equivalent to the atening amount at the exchange ruling on the day when the expenses of towage, etc, were actually paid by the Lloyd Royal Bel Before the Court of Appeal at Rouen in April last this decision and it was held that payment was due to the shipowners of the actual amount in sterling] This decision
sidering the effect of the: fluctuation after con-of the franc. There-had been de-f redation and a sum in that cur-4 rency disbursed in 1920 would re present a value now in excess of that represented by the actu figure in france, It would in effect] equal -the amount claimed.|. The shipowner could not be exs}: pected to bear the effects of]
fluctuating exchange, and proviso fon might have been made by the] cargo owners. themselves for! mitigation of the loss, incurred judicious attention to their finance during the period of four years, while the-settlement was in abeyance.
The Court of Appeal thus ordered payment by M. Odinet and thei Gredit Havrais to the Lloyd Royal Belge of the sum of £1009 Gs., oF the equivalent in franes at the time of, such payment, together with {aterest, this being the amount of the charges. disbursed in sterling. Further, the payment of Frs, 12,- '976, together, with interest, repre senting expenses dealt with in the statement as disbursements French eurrene the evidence of Mr. Burton, of the Health Department, a milk delivery coolie, yesterday in the Mixed Court was sentenced to one month's imprisonment for commiting a fraud and thereby injuring the. business credit. of the Liberty Dairy Ca. of Connaught Road. It was established that he unsealed milk bottles, extracted some of the till: and filled them up with water, With the mill ¢0 obtained and more Water he filled other bottles and sold them, Keeping. the illicit profits for himself.
Vaurxnin Zikow (22), Lot Shuhtazin (25) and Victor Ivanow (25), unemployed. Russians of 209 Tohgshan Road appeared at the Mixed Court on Monday,. before! Messrs. Whitamore and Zau, on..a charge of belng, concerned together in causing injury to a Chinese woman named Tsen Soo-sz. Evid.
ante. ware er 14 fen was given' to the effect that
Jin, AE he ite of their a Bloc cities Shahast is.' ActaRéd gouty.
was fined $3 "(or lires days), and!
Text read from the printed page and cleaned; old type leaves the occasional error.