High CourtsDivision Bench(1910) 07 CAL CK 0057

British and Foreign Marine Insurance Co. Ltd. vs India General Steam Navigation and Bail Way Co. Ltd.

Calcutta High Court · Decided on 12 July 1910 · Citation: 9 Ind. Cas. 960

HON’BLE JUDGES
Lawrence Jenkins, C.J · Woodroffe, J

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Judgment

4 paragraphs · 87 words

Lawrence Jenkins C.J.

1.

In the suit out of which this appeal arises, the learned Judge, Mr. Justice Harington, has held that there was no such notice as is required by the Act. In my opinion that view was correct, nor is it possible to contend on the materials that are on the record that there was waiver of that notice. We must, therefore, so far as the decree in this suit is concerned, confirm it and dismiss this appeal with costs.

Woodroffe, J.

2.

I agree.