The Naxos and other Ships
| Jurisdiction | England & Wales |
| Judgment Date | 19 May 1920 |
| Date | 19 May 1920 |
| Court | Probate, Divorce and Admiralty Division |
Probate, Divorce, and Admiralty Division
Sir Henry Duke, P.
The Naxos and other Ships
Daimler Motor Company v. Continental Tyre and Rubber Company (Great Britain) Limited 114 L. T. Rep. 1049 (1916) 2 A. C. 307
The BaweanDID=ASPMELR 14 Asp. Mar. Law Cas. 255 118 L. T. Rep. 319 (1918) P. 58
The BalticaENR 11 Moore P. C. 141, 149
Danekebarr Africaan 1 Christopher Robinson, P. 107
Sechs Geschwistern 4 Christopher Robinson, p. 101
ArielENR 11 Moore, P. C., 119
Prize Bon fide sale to neutral of enemy cargo Effect of option to reject in contract
The Bawean (14 Asp. Mar. Law Cas. 255; 118 L. T. Rep. 319; (1918) P. 58) considered.
The Baltica (sup.) followed.
52 MARITIME LAW CASES. ADM.] THE NAXOS AND OTHER SHIPS. [ADM. May 18 and 19, 1920. (Before Sir Hbnry Duke, P.) The Naxos and other Ships, (a) Prize-Bona fide sale to neutral of enemy cargo- Effect of option to reject in contract-Completed voyage. A German steamship had been lying in refuge at Lisbon, laden with certain goods since the outbreak of war. The goods were owned by a company registered and carrying, on business in Holland, though ninety-eight of its hundred shares were, owned by Germans domiciled in Germany. On the 14th Feb. 1916 a contract of sale of the goods was made by the company with Dutch manufacturers who were buying bona fide for their own needs. On the 9th March 1916 Portugal declared war, as an ally, and later the German steamship was requisitioned and the goods landed on the quay. On the 14th March 1916 the ninety-eight shares in the company owned by the German subjects were assigned to a citizen of the Netherlands. In Nov. 1916, in pursuance of the contract of sale, the goods were shipped from Lisbon for delivery at Amsterdam in three vessels under three bills of lading, consigned as by the Dutch consul at Lisbon to the Netherlands Oversea Trust. Under the original bills of lading, which were two in number, the goods were consigned by the company for delivery to their order at Rotterdam. Held, following The Baltica (11 Moore P. C. 141) that claimants, the Dutch manufacturers, migh at the date of their contract have acquired a good tide to the goods which would have defeated the right of capture. But that as the contract made contained a clause enabling the buyer to refuse acceptance of the goods whereupon the seller should take back the goods and repay the purchase price there was no such absolute disposal of the goods by the vendor at would defeat the right of capture. The Bawean (14 Asp. Mar. Law Cas. 255; 118 L. T. Rep. 319; (1918) P. 58) considered. The Baltica (sup.) followed. This was a cause for the condemnation of cargo. Clement Davies for the Procurator-General. R. H. Bollock for the claimants. Artemus Jones, KG and Wilfred Lewis for the Netherlands Oversea Trust. The facts were fully set out in the course of the judgment. In addition to the cases referred to in the judgment, the following case was cited in argument: The Hamborn, 14 Asp. Mar. Law Cm. 204, 461; 121 L. T, Rep. 463; (1919) A. C. 993. May 19.-Sir Henry Duke, P.-This is a claim by a Dutch chemical manufacturing company to have paid out of court the proceeds of sale of certain parcels of magnesite, which were taken in prize out of the three steamships in the course of a voyage from Lisbon to Rotterdam, the goods having formed part of the cargo of the German steamship Naros, of the German Levant Line. The Naxos at the outbreak of war had been on a voyage from the Eastern Mediterranean to Rotterdam with a cargo of magnesite, and had been lying in a port of refuge, viz., Lisbon, from the outbreak of war until trans-shipment of the various parcels of cargo to the three vessels in question. The arguments proceeded upon an admitted case as to the condition of the goods in question at the time the Naxos took refuge at Lisbon. It was a German ship, and the goods by reason of the constitution of the company which chartered the ship were enemy goods. The company who were the owners of the goods were the Internationale Magnesiet Werken. It was incorporated with 100 shares, of which ninety-eight.were held by one German subject and two were held by a near relative, who managed the concern. In that state of facts it was indisputable by reason of decisions arrived at during the war-' Daimler Motor Company v. Continental Tyre and Rubber Company (Great Britain) Limited (114 L. T. Rep. 1049; (1916) 2 A. C. 307) and other cases...
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The Vesta
...A. C. 148 Prize Court Enemy cargo Sale in transitu Decision of Sir Henry Duke, P. (reported sub nom. The Naxos and other Ships, 15 Asp. Mar. Law Cas. 52; 123 L. T. Rep. 556; (1920) P. 385) reversed. 194 MARITIME LAW CASES. PRIV. Co.] THE VESTA AND OTHER VESSELS. [PRIV Co. Judcidal Committee......