K C DHAR Vs. AHMAD BUX

JUDGEMENT

(1.) The plaintiff in December 1926 delivered to the British India Steam Navigation Company at a jetty on the river Hooghly 194 bundles of iron to be shipped by the company's steamship "Warroonga" from Calcutta to Akyab. The goods having been delivered to jetty No. 1, the usual place, at which goods for such shipment were received by the shipping company or its agents, Messrs. Mackinnon Mackenzie, a receipt was granted showing the terms of that shipment. The words, which require to be noticed in the receipt, areas follows: All cargo received at No. 1 jetty remains at shipper's risk until placed on board the steamer.

(2.) It appears that, for the purpose of transmitting from this jetty to the ship in midstream the goods, which had been in this manner received for shipment, arrangements had been made with the defendant, Ahmad Bux, and embodied in a contract, dated 11 March 1926, between Mackinnon Mackenzie & Co., on the one hand and Ahmad Bux on the other. In this contract, Ahmad Bux, the defendant, was described as carrying on business as "boating contractors." It was recited that: the company has received cargo from various shippers at No. 1 jetty and despatched the same by cargo boat or dingi for loading into steamers in port.

(3.) It was recited that: it has been agreed that the contractors shall take possession and receive such cargo, as they may be directed by the firm to receive from such place or places, as the company shall direct, ant safely transport and deliver the same as quickly as possible for shipment or otherwise as directed by the company in or about the port of Calcutta.