The Mannheim

JurisdictionEngland & Wales
CourtProbate, Divorce and Admiralty Division
Judgment Date17 Nov 1896

Probate, Divorce, and Admiralty Division

Barnes, J.

The Mannheim

The ChristiansborgDID=ASPM 53 L. T. Rep. 612 5 Asp. Mar. Law Cas. 491 10 P. Div. 141

Practice Collision Guarantee abroad

The Christiansborg (53 L. T. Rep. 612; 5 Asp. Mar. Law Cas. 491; 10 P. Div. 141) distinguished.

210 MARITIME LAW OASIS. ADM.] THE MANNHEIM [ADM. PROBATE, DIVORCE, AND ADMIRALTY DIVISION. ADMIRALTY BUSINESS. Tuesday, Nov. 17,1896. (Before Barnes, J.) The Mannheim. (a) Practice - Collision - Guarantee abroad - Arrest in England - -Lis alibi pendens. A collision having occurred between an English steamship and a German steamship from which damage resulted to both vessels, the owners of the vessels by their agents in Holland, whither both vessels proceeded, mutually agreed to guarantee payment, the one to the other, of any damages which might be found due. No legal proceedings were taken in the Dutch courts and neither of the vessels was arrested in Holland. The German steamship, on coming into an English port, was arrested in the present action at the instance of the owners of the English steamship. Upon motion by the defendants to release the vessel and to stay the action Held, that, as no legal proceedings had been com menced in Holland, and there had been no previous arrest of the vessel, the plantififs were entitled to arrest the defendants vessel and prosecute the action. The Christiansborg (53 L. T. Rep. 612; 5 Asp. Mar. Law Cos. 491; 10 P. Div. 141) distinguished. This was a motion by the owners of the German steamship Mannheim, the defendants in a collision action in rem, for an order for the release of their vessel, arrested at the instance of the plaintiffs, the owners of the steamship Salisbury, and a stay of all farther proceedings in the action. In February 1894 a collision took place between the Mannheim and the Salisbury. Both vessels were damaged and put into Rotterdam. There the agents of the Mannheim and the agents of the Salisbury entered into a guarantee to answer the respective claim for damage. The guarantee give a by the agents of the steatmship Mannheim was ?? ? to the translation before the courent? ? ? terms: The ?? ? meroial association, under the fire?? ? ? ?? and Sons, hereby declare that for ? ? ? ? captain of the steamer Salis hary ? ? ?of South Shields, they pledge? ? ? and ? ? ? ? jointly and severally liable? ? ? ? ?pteia of the steamer Mannheim now ? ? ? ? . for a sum of, at the most, She payment of indemnity for damages and...

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8 cases
  • Adams v Cape Industries Plc
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 27 July 1989
    ...to be carrying on business at the agency notwithstanding the existence of authority of this kind: (see for example The Princess Clementine (1897) P. 13, The Lalandia (1933) P. 56, The Holstein (1936) 2 A.E.R. 1660). Conversely, we can conceive hypothetical cases in which it might be absurd......
  • The Goulandris
    • United Kingdom
    • Probate, Divorce and Admiralty Division
    • 4 February 1927
    ...alibi pendens unless such proceedings are clearly shown to be vexatious : (see The Manaheim, 8 Asp. Mar. Law Cas. 270; 75 L. T. Rep. 424 ; (1897) P. 13); The Hagen, 11 Asp. Mar. Law Cas. 66 ; 98 L. T. Rep. 891; (1908) P. 189; The Golaa, 17 Asp. Mar. Law Cas. 35; 135 L. T. Rep. 208 ; (1926) ......
  • The London
    • United Kingdom
    • Probate, Divorce and Admiralty Division
    • 17 November 1930
    ...Rep. 375, 434); The Reinbeck (6 Asp. Mar. Law Cas. 366); CO L. T. Rep. 209; The Mannheim (8 Asp. Mar. Law Cas. 210 , 75 L. T. Rep. 424 ; (1897) P. 13) ; Logan v. Band of Scotland (94 L. T. Rep. 153; (1900) 1, K. B. 141); Egbert v. Short (97 L. T. Rep. 90 ; (1907) 2 Ch. 205) ; and The Janera......
  • The Hagen
    • United Kingdom
    • Court of Appeal
    • 5 March 1908
    ...141 The Duc d' AumaleDID=ASPMELR 87 L. T. Rep. 674 9 Asp. Mar. Law Cas. 359 (1903) P. 18 The MannheimDID=ASPMELR 75 L. T. Rep. 424 8 Asp. Mar. Law Cas. 210 (1896) (1897) P. 13 Société Genérale de paris v Dreyfus Brothers 29 Ch. Div. 239 Peruvian Guano Company v. Bockwoldt 23 Ch. Div. 225 Or......
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