The Poona [Prize Court]
| Jurisdiction | England & Wales |
| Judgment Date | 03 May 1915 |
| Date | 03 May 1915 |
| Court | Prize Court |
Prize Court
Sir S. T. Evans, President
The Poona
The Roumanian ante. p. 8
Continental Tyre, & c., Company Limited v. Daimler Company Limited. Same v. Thomas Tilling Limited and Same v. Thomas Tilling LimitedELR 112 L. T. Rep. 324 (1915) 1 K. B. 893
The Tommi and The RothersandELR ante, p. 5 112 L. T. Rep 257 (1914) P. 251
British ship — Cargo — Goods the property of a company domiciled in England
MARITIME LAW CASES. 57 Prize Ct.] The Poona. [Prize Ct. March 29. April 13, and May 3,1915. (Before Sir S. T Evans, President.) The Poona. (a) British ship-Cargo-Goods the property of a company domiciled in England-Enemy share holders and directors-Management of company during war-Status of company-Principles to be applied when cargo claimed as prize. Certain goods were sent from England to Australia on sale or return before the outbreak of tear between Great Britain and Germany, and were sent back from Australia to England after the commencement of hostilities. They were seized in the Port of London as prize. The Crown claimed them at enemy goods. The sellers were a company incorporated in this country in May 1912. All the directors of the company were aliens residing in Germany, and the whole of the shareholders were either alien enemies or persons residing in Germany. On the day before war broke out the secretary of the company, who was a German, left England, having purported to appoint one of the employees as manager. Held, that the goods were at the time of seizure the property of an English company, and that although the company was so constituted that all its directors were enemy subjects resident in Germany and all its shareholders were either enemy subjects or aliens resident in Germany, the goods were not enemy property, and therefore not subject to condemnation as prize. The goods were released to the manager of the English company with a direction that he should not deliver them or their proceeds to any enemy shareholders or use them or apply their, proceeds for the benefit of any such shareholders during the war. The Poona was a British ship which carried amongst its cargo a certain number of cases of electric fans. These fans were sent out on board the ship to Australia in May 1914, and as they were not sold they were brought back again in Aug. 1914 and were seized in the port of London on behalf of the Grown. It was proved in evidence that the goods were the property of Isaria Limited, a company established in this country, but composed...
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