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![handle is hein.slavery/ssactsengr0324 and id is 1 raw text is: GIBSON V. STURGE
[622] EXCHEQUER REPORTS. HILARY TERM, 18 VICT.
GIBSON AND ANOTHER V. STURGE AND ANOTHER. Jan. 13, 1855.-A vessel was
chartered to carry a cargo of corn from Odessa to Gloucester, for freight payable
at a certain rate per quarter, 2664 quarters were shipped at Odessa, and the
master signed bills of lading in the usual form, and which contained a memor-
andum, quantity and quality unknown. The vessel arrived at Gloucester with
the cargo of corn, when it was measured at the Queen's beam, and found to,
contain 2785 quarters. In the course of the voyage a portion of the corn,
from some unknown cause, had become heated and damaged, whereby its bulk
was increased :-Held, that freight was payable on the quantity of corn shipped,,
and not on its measurement at the port of discharge :-Per Pollock, C. B.,
Alderson, B., and Platt, B. Martin, B., dissentiente.
[S. C. 3 C. L. R. 421; 24 L. J. Ex. 121; 1 Jur. (N. S.) 259; 3 W. P. 165. I)is-
cussed, Coulthurst v. Sweet, 1866, L. R. 1 C. P. 654. Followed, Buckle v. Kneop,
1867, L. R. 2 Ex. 333. Referred to, Tully v. Terry, 1873, L. R. 8 C. P. 684; The
Skandinav, 1881, 51 L. J. Adm. 46: reversed, 51 L. J! Adm. 93.]
The declaration stated that the defendants were indebted to the plaintiffs for
money payable for freight for the conveyance by the plaintiffs for the defendants, at
their request, of goods in the ship Prompt.
Pleas : first, never indebted ; secondly, payment.
At the trial, before Martin, B., at the London Sittings after last Hilary Term, it:
appeared that the action was brought to recover the sum of 441. 11s. 5d., claimed by
the plaintiffs as the balance of freight, due from the defendants as consignees of a.
cargo of wheat from Odessa to Gloucester, under the following charterparty:-
Memorandum for Charter.
North Shields, May 10, 1852.
It is this day mutually agreed between Messrs. Gibson & Sawn, of North Shields,
owners of the good ship or vessel called the 'Prompt,' _E 1, and coppered, of North
Shields, the burthen of 356 tons register admeasurement, or thereabouts, whereof
Edward K. Robson is master, now [623] in the Tyne, and Mr. John Swan, of-
Constantinople, merchant: That the said ship being tight, staunch, &c., shall, with all,
convenient speed, after discharging her outward cargo of cinders in Spain, sail and
proceed to Constantinople and thence as ordered to Odessa, Kertche, or a safe port
in the sea of Azof, or so near thereunto as she may safely get, and there load of the,
factors of the said freighter a full and complete cargo of tallow, wheat, seed, or other
stowage goods, or grain, at the option of the freighter, not exceeding what she can
reasonably stow and carry over and above her tackle, apparel, provisions, and furniture,
and being so loaded shall therewith proceed to a safe port in the United Kingdom,
or a safe port on the continent between Havre and Hamburg (both inclusive), or so.
near thereunto as she may safely get, calling at Cork or Falmouth at master's option
for orders, which are to be given by return of post, in reply to the captain's letter to-
the charterer, or lay days to commence, and deliver the same on being paid freight as.
follows, namely,-
From Odessa or To the United
Kertche. Kingdom. To a safe port
e between Havre
For Tallow £2, 7s. 6d. Per Tonof 20 and Hamburg,
Cwt. gross . asabove-named,
O £10 per cent.
extra.
Other stowage goods, seed, or grain, if any, in proportion, according to the London
Baltic printed rates, and lOs. additional if loaded at Taganrog (or a safe port in the
sea of Azof), being in full of all port charges and pilotage as customary : the freighter
engages to provide the necessary wants for damage. The cargo to be brought to and.
588
10 EX. 622.](ViewImageLocal?handle=hein.slavery/ssactsengr0324&div=1&collection=&method=preview&ext=.png&size=3)