The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 14

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 edition. Excerpt: ... interest of his owner, and entered into a new contract with the shippers under which he engaged to bring the sugars home at a freight of 30s. per ton. What passed at Ponce was exactly the same as if the goods had been landed, and reshipped under the new charter and bill oi lading. At all events, the plaintiff had no right to detain these sugars for more than the original bill of lading freight, viz. 40s. per ton. They were shipped upon the faith of a clause in the charter-party impowering the master to sign bills of lading at any rate of freight. (WILLIAMS, J.: Lohse, Cortada &. Co. were aware of the existence of the charter-party by which the owner was entitled to True: but they were also aware of the power reserved to the master to sign bills of lading at a lower rate. He referred to Foster v. Colby (1) and Shand v. Sa.nrlerson(2). (WILLIAMS, J.: In those cases the question arose between the shipowner and an aseignee for value. Different considerations arise as between the shipowner and the charterers.) As to the sugars subsequently shipped, there can be no question but that the defendants were entitled to have them on payment of the bill of lading freight. (WILLIAMS, J.: As to that we are with you.) The defendants are also entitled to deduct the disbursements and expenses mentioned in the case. Williams, in reply, conceded that the 108 hogsheads and 8 barrels were deliverable on payment of the 30s. freight: but he insisted that, by reason of the clause in the charter-party which provided, that, "for security and payment of all freight, dead freight, demurrage, and other charges, the master and owners were to have an absolute lien and charge on the said cargo or goods laden on board," the plaintifi was entitled to a...show more

Product details

  • Paperback | 350 pages
  • 189 x 246 x 19mm | 626g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236962931
  • 9781236962935