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S 649.

1122

grec, Anastassios Koroneos (103), vers Malte. Le fret gagné par la compagnie de navigation grecque pour les deux derniers transports lui fut payé par la Couronne ou alloué par la cour des prises [voir ci-dessus, § 643] ; celle-ci se refusa, toutefois,. a lui allouei, en outre, la somme qu'elle avait payée a la compagnie allemande ayant effectué le premier transport vers Syra:

„This item cannot be allowed for the following reasons. The Deutsche Levuite Linie had no right to full freight, especially as at the time the goods were free and the steamer was not so. Further.... the captor obtains possession of enemy goods free of any lien or incumbrance [comp. § 119] .... I am aware that a certain relaxation of this principle is now admitted in favour of British or non-enemy bankers or subjectswho disburse money to obtain goods on which they have a lien, but the present claim is prima facie an attempt on the part of a neutral company to save not only the freight due to an enemy ship, but to give the enemy a sum over and above the amount due. — The National Steam Navigation. Co. of Greece had no lien on the goods, ■ and no interest in the matter except that it was entrusted by the owner of the goods or by the Deutsche Levante Linie, to carry out . the contract which that company was unable to perform ...."

b. Allocation de la demande en restitution du fret acquitté: Manningtry (189). „As to the claim of the Union Bank of Australia,. Lim., this banking company asks for an order that the sum of 3,100 which they had paid to the shipowners on account of freight.... should be repaid to them out of the proceeds.... The bank thought they were entitied to have the goods delivered to them as holders of the bills of lading, and the cargoes were discharged into lighters employed by them.. The goods had, in fact, been seized on behalf of the Crown on September 23. — The bank had no knowledge of this when they paid the 3,ioO' l. They did not learn of the seizure tül after the writ was issued on October 1. They ref used to pay the balance. — When the officers of the Crown seized the goods, if no freight had been paid, the goods would only betaken cum onere of whatever ought to be aüowed for the carriage in lieu of freight. The bank innocently and honestly made the payment under .a mistake, and so relieved the goods of that onus. — If they had known of the seizure they would not have paid the money. The facts differentiate the case from The Clan Urquhart (104) (voü supra), where the claim wasdisaüowed...."

Von dans le même sens :

Kwango (53), remboursement du fret payé par des créanciers gagistes anglais pom le transport de marchandises ennemies saisies sm un navne allié (beige).

(2) La jmidiction francaise a eu a statuer sm la question

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