GANAPATIA PILLAI
The Home Insurance Company, Limited, Madras, – Appellant
Versus
The Trustees of the Port of Madras, represented by the Chairman, Madras Port Trust – Respondent
These three suits are instituted by the Home Insurance Company, Limited, a company incorporated in the United States of America against the Board of Trustees of the Port of Madras for damages in respect of three consignments of five hundred bales, two hundred bales and fifty bales of American cotton delivered to the defendant by the steamer s.s. ‘Jalapanki’ towards the end of April, 1952. The three suits were tried together as common questions of law and facts arise. The pleadings in the three suits are identical.
Messrs. Finberg Trading Company, Dallas, Texas, in the United States of America consigned to Messrs. Baijnath Gangadhar & Company, Limited, Bombay, the three consignments of high density American cotton by the steamer “Queen City” towards the end of January, 1952, for carriage to the port of Madras. The said goods were transferred at Bombay to s.s. ‘Jalapanki ‘which arrived at Madras on the 27th of April, 1952. The landing of the goods was completed on 4th May, 1952. Applications for the clearance and survey of the goods on behalf of the consignees were filed in the office of the Port Commissioners of Madras on 12th May, 1952. The landing of the goods was done b
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