Henry Smith and Company v Bedouin Steam Navigation Company, Ltd

JurisdictionEngland & Wales
Judgment Date26 November 1895
Judgment citation (vLex)[1895] UKHL J1126-2
CourtHouse of Lords
Date26 November 1895

[1895] UKHL J1126-2

House of Lords

Henry Smith and Company
and
Bedouin Steam Navigation Company, Limited.
1

After hearing Counsel on Thursday and Friday last upon the Petition and Appeal of Henry Smith and Company, Jute Spinners and Manufacturers, Polepark Works, Polepark Road, Dundee, praying, That the matter of the Interlocutor set forth in the Schedule thereto, namely, an Interlocutor of the Lords of Session in Scotland, of the Second Division, of the 1st of February 1895, might be reviewed before Her Majesty the Queen in Her Court of Parliament, and that the said Interlocutor might be reversed, varied, or altered, or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament might seem meet; as also upon the printed Case of the Bedouin Steam Navigation Company, Limited, lodged in answer to the said Appeal; and due consideration had this day of what was offered on either side in this Cause:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in the Court of Parliament of Her Majesty the Queen assembled, That the said Interlocutor of the Lords of Session in Scotland, of the Second Division, of the 1st of February 1895, complained of in the said Appeal, be, and the same is hereby Reversed, and that the Interlocutor of the Lord Ordinary of the 15th of December 1894, be, and the same is hereby Restored: And it is further Ordered, That the said Cause be, and the same is hereby remitted to the Court of Session in Scotland to do therein as shall be just and consistent with this Judgment: And it is further Ordered, That the Respondents do pay or cause to be paid to the said Appellants the Costs of the Action in the Court of Session: And it is further Ordered, That the Respondents do pay or cause to be paid to the Appellants the...

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8 cases
  • The Pensions Regulator v Hermes Parcelnet Ltd
    • United Kingdom
    • Upper Tribunal (Administrative Appeals Chamber)
    • Invalid date
    ...or prima facie evidence in the ordinary sense of the words may be very strong’: Henry Smith & Co. v Bedouin Steam Navigation Company [1896] A.C. 70 HL at [75]. A sliding scale of probative value cannot coherently be applied to prima facie evidence in the strict sense, which is a bivalent co......
  • Hogarth Shipping Company Ltd v Blyth, Greene, Jourdain & Company Ltd
    • United Kingdom
    • Court of Appeal
    • 11 June 1917
    ...of lading Decision of Lush, J. affirmed. Jessel v. BathENR L. Rep. 2 Ex. 267 Henry Smith and Co. v. Bedouin Steam Navigation Company (1896) A. C., p. 70 Compania Naveria Vasconzada v. Churchill and SimELR 10 Asp. Mar. Law. Cas. 177 94 L. T. Rep. 59 (1906) 1 K. B. 237 Serraino v. CampbellDID......
  • South African Railways and Harbours v Lennon Ltd
    • South Africa
    • Invalid date
    ...covers obvious emptiness. Silver v Ocean Steamship Co. (1930, 1 K.B. 416 at p. 425); Crawford & Louw's case (supra); Smith v Bedowin Co. (1896, A.C. 70). Moreover it was shown that appellant's shippers would pay out on invoices if no clean receipt were given. As to the Customs Duty on the l......
  • New Chinese Antimony Company v Ocean Steamship Company
    • United Kingdom
    • Court of Appeal
    • 27 June 1917
    ...and Scrutton, L.JJ. New Chinese Antimony Company Limited v. Ocean Steamship Company Limited Smith v. Bedouin Steam Navigation Company (1896) A. C. 70 Jessel v. BathENR L. Rep. 2 Ex. 267 Lebeau v. General Steam Navigation Company 27 L. T. Rep. 447 L. Rep. 8 C. P. 88 1 Mar. Law Cas. O. S. 435......
  • Request a trial to view additional results
3 books & journal articles
  • The Dematerialisation of the Bill of Lading
    • Ireland
    • Hibernian Law Journal No. 7-2007, January 2007
    • 1 January 2007
    ...that the bill of lading is conclusive evidence 5 Per Lord Sumner in Bradley v Federal Steam Navigation Co Ltd [1927] 137 LT 266, p 267 6 [1896] AC 70 HL 7 ie, he is not prevented from denying the truth of a statement he has made or from denying the facts that he has alleged to exist. 8 Carv......
  • Admiralty
    • Nigeria
    • DSC Publications Online Sasegbon’s Laws of Nigeria. Volume 1 Admiralty
    • 8 September 2016
    ...that the whole or some of it was in fact not shipped, and this he must do by very satisfactory evidence. See: Smith v. Bedouin S.N. Co. (1896) A.C.70; Harrowing v. Katz 10 T.L.R. 400; Bennett v. Bacon (1897) 20 Com. Case 102; Sanday v. Strth SS. Co . (1920) com. Cas. 163.” - Per Tobi, J.C.A......
  • THE UNDEAD — GRANT V NORWAY REVISITED
    • Singapore
    • Singapore Academy of Law Journal No. 1992, December 1992
    • 1 December 1992
    ...The Tromp [1921] p. 337. 9 Scrutton, Charterparties and Bills of Lading (19th. ed., 1984), p. 115n. 10 Ibid.; see e.g. Smith v. Bedouin[1896] A.C. 70, p. 75. 11 Ibid., p. 77. 12 See eg. Reynolds, “Warranty of Authority”(1967) 83 L.Q.R. 189, p. 194; Stoljar, The Law of Agency (1961), p. 76. ......

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