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Colonial Cases

Kleinwort, Cohen and Company v. The Casa Marittima of Genoa, 1877

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Kleinwort, Cohen and Company v. The Casa Marittima of Genoa

Judicial Committee of the Privy Council
18 January 1877
Source: The Times, 19 January 1877

LAW REPORT.
JUDICIAL COMMITTEE OF THE PRIVY COUNCIL, Jan. 18.
(Present - Lord Blackburn, Sir James Colville, Sir Montague Smith, Sir Barnes Peacock, and Sir Robert Collier.)
KLEINWORT, COHEN AND CO. v. THE CASA MARITTIMA OF GENOA.
  This was an appeal from a judgment of the Supreme Court of the Island of Ceylon, reversing a decree of the District Court at Galle.
  Mr. Cohen and Mr. Clarkson were counsel for the appellants; Mr. Milward, Q.C., and Mr. R. E. Webster for the respondents.
  By the judgment appealed against the claim of Messrs Kleinwort, Cohen and Co. to the proceeds of a certain cargo of rice then laden on board the ship Maria Louisa was dismissed. They had claimed as the alleged indorsees of the bill of lading in preference to the respondents, who were the obligees and holders of a bottomry bond in respect of the vessel, her cargo, and freight. The arguments in the case had little or no public interest.
  Their Lordships, in the result, reversed the decision of the Supreme Court, and allowed the appeal, with costs here and below.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School