National Bank Of India, Ltd. V. Essack

1950  Present  : Jayetileke C. J. and Gunasekara J.

NATIONAL BANK OF INDIA, LTD., Appellants, and ESSACK, Respondent

S. C. 29-D. C. Colombo, 18,398

Contract-Bill of lading-Negligence in taking up a bill of lading contrary to instructions-Damages-Evidentiary value of statements contained in a bill of lading - Civil Law Ordinance (Cap. 66)-Bills of Lading Act, 1855-Carriage of Goods by Sea Ordinance (Cap. 71), Schedule, Article III, Rule 4.

Plaintiff sued the defendants for recovery of damages for negligence in taking up a bill of lading which did not comply with his instructions to them. His complaint was that though he instructed the defendants to honour from one M in Iraq drafts covering a shipment of 52 tons of dates, the defendants' agent in Iraq paid upon a bill of lading covering a shipment of 47 tons only. He claimed from the defendants the value of the unshipped quantity of dates as damages for negligence.

In regard to the actual weight of the consignment of dates received by him, plaintiff relied solely on the statement in the bill of lading that only 47 tons were shipped.

Held, that there was negligence on the

Click Here to Read the rest of this document