The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday November 21 1904

Haji Coolant reported at p. 1 of the last issue a question had been raised as to what would be the effect of notice had by a shipper of goods -in a chartered vessel of the terms of the charter party and also whether in order to be affected with such notice the shipper must needs be actually cognisant of the terms of the charter party. [...] The following observations of their Lordships the Judicial Committee are important as summarising the law on the subject although as will appear from a perusal of the report it was not necessary for them to decide the above questions for the purposes of that ease. [...] If the charter party shows that the captain exceeded his authority in signing the bill of lading and the shipper knew this lie cannot enforce the terms of the bill of lading uncontrolled by the charter party. [...] In the absence of any restrictive word such as only " the expression "to be paid out of the amount to be advanced " may mean not that the right to commission is to depend*upon the advance being made but that the agent is to be entitled to a sufficient portion of the loan if it is advanced and applied in payment of his commision. [...] Of the word "kee" or partner appearing in the account books of the partnership it was sufficient to say that the books themselves showed that it did not alway) mean partner and that the Respondent was not shown to have had anything to do with either the insertion or the deletion of that word or tamper! Mg with that entry.