Scottish Court of Session Decisions

The dependence of the action was intimated to the owner of one share in the ship who was resident in Scotland, but he declined to join in the defence. The defendants were found liable in a large sum in name of damages, with the costs of the action. Having discharged the liability the English shipowners raised an action to recover the amount against an assurance association with which the ship had been insured. Judgment having been given against the shipowners, they appealed, and pending appeal a substantial sum was offered to them in full of all claims which on the advice of counsel they accepted.

In an action by them against the Scotch shipowner, held (1) that the latter was bound to bear his share of the liability incurred to the cargo-owners, and had not been impliedly discharged by the action against the assurance association having been compromised without his consent; and (2) that he was also bound to bear his share of the costs of the proceedings in the English Courts.