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Transport - From: 1800 To: 1849

This page lists 68 cases, and was prepared on 02 April 2018.

 
The 'Harmony' -Bool, Master [1800] EngR 19; (1800) 2 C Rob 322; (1800) 165 ER 331
16 Jan 1800


Transport

[ Commonlii ]
 
The 'Beurse Van Koningsberg' -Shemills, Master [1800] EngR 101; (1800) 2 C Rob 169; (1800) 165 ER 278
27 Feb 1800


Transport

[ Commonlii ]
 
The 'Robert' -(Paterson, Master) [1800] EngR 295; (1800) 3 C Rob 194; (1800) 165 ER 433
23 Oct 1800


Transport

[ Commonlii ]
 
The 'Cosmopolite' -(Matheson, Master) [1801] EngR 362; (1801) 3 C Rob 333; (1801) 165 ER 484
1 Jul 1801


Transport

[ Commonlii ]
 
The 'Abigail'-(Hammond, Master) [1801] EngR 430; (1801) 4 C Rob 72; (1801) 165 ER 539 (B)
13 Aug 1801


Transport

[ Commonlii ]
 
The 'Isabella Jacobina' -(Sovergren, Master) [1801] EngR 432; (1801) 4 C Rob 77; (1801) 165 ER 541 (A)
13 Oct 1801


Transport

[ Commonlii ]
 
The 'Vriendschap' - (Goverts, Master) [1801] EngR 463; (1801) 4 C Rob 96; (1801) 165 ER 548
18 Nov 1801


Transport

[ Commonlii ]
 
The 'Vriendschap'-Barends, Master [1802] EngR 66; (1802) 4 C Rob 166; (1802) 165 ER 573 (B)
2 Feb 1802


Transport

[ Commonlii ]
 
The 'Madonna Delle Gracie' (Copenzia, Master) [1802] EngR 99; (1802) 4 C Rob 195; (1802) 165 ER 583
10 Feb 1802


Transport

[ Commonlii ]
 
The 'Madonna Del Burso' (Antonopoli, Master) [1802] EngR 133; (1802) 4 C Rob 169; (1802) 165 ER 574
18 Mar 1802


Transport

[ Commonlii ]
 
Hadkinson v Robinson [1803] EngR 585; (1803) 3 Bos & Pul 388; (1803) 127 ER 212
20 May 1803


Insurance, Transport

[ Commonlii ]
 
The 'Frederick' - (Worth) [1803] EngR 687; (1803) 5 C Rob 8; (1803) 165 ER 678
7 Sep 1803


Transport

[ Commonlii ]
 
The 'Phoenix' - (Wildeboer) [1803] EngR 695; (1803) 5 C Rob 20; (1803) 165 ER 683 (A)
2 Nov 1803


Transport
Produce of the claimants' estate in the colonies of the enemy, subject to condemnation, though it be bona fide the property of claimants personally domiciled in neutral countries.
[ Commonlii ]
 
The 'Fortuna'-(Rhode) [1803] EngR 696; (1803) 5 C Rob 27; (1803) 165 ER 685
4 Nov 1803


Transport
Blockade of the Weser-Excuse of want of provisions, and unfavourahle winds, how considered
[ Commonlii ]
 
The 'Twilling Riget' - (Metz) [1804] EngR 81; (1804) 5 C Rob 82; (1804) 165 ER 705
11 Jan 1804


Transport

[ Commonlii ]
 
The Industrie - (Rolfe) [1804] EngR 84; (1804) 5 C Rob 88; (1804) 165 ER 707
21 Jan 1804


Transport

[ Commonlii ]
 
The 'Elsbe'-(Maas ) [1804] EngR 420; (1804) 5 C Rob 174; (1804) 165 ER 738
19 Dec 1804


Transport

[ Commonlii ]
 
The 'Vriendschap' (Hansen, Master) [1805] EngR 174; (1805) 6 C Rob 38; (1805) 165 ER 842 (A)
25 May 1805


Transport

[ Commonlii ]
 
Huggett v Montgomery [1807] EngR 277; (1807) 2 Bos & Pul 446; (1807) 127 ER 702
1 Jun 1807


Negligence, Transport
If one ship run against another by the negligence of the pilot while the owner is on board, the remedy against the owner is an action on the case.
[ Commonlii ]
 
Havelock v Geddes (1809) 10 East 555
1809

Lord Ellenborough
Contract, Transport
If the obligation of seaworthiness in a charterparty contract were a condition precedent then the neglect of putting in a single nail after the ship ought to have been made tight, staunch, etc., would be a breach of the condition and a defence to the whole of the plaintiff's demand.
1 Citers


 
The Pensylvania, M'Pherson, Master [1809] EngR 370; (1809) 1 Act 33; (1809) 12 ER 13
28 Jun 1809


Transport

[ Commonlii ]
 
The Pensylvania, M'Pherson, Master [1809] UKPC 11
28 Jun 1809
PC

Transport
(United Kingdom) The master or crew of a neutral vessel captured, not bound to assist in carrying the vessel into port for adjudication. Resistance to the captors by the master or crew must be proved to have been actually made, in order to subject the vessel. to condemnation on the principle of rescue.
[ Bailii ]
 
Cock v Taylor (1811) 13 East 399
1811


Transport
The carrier's liens under a bill of lading are a qualification of the rights of the endorsee against the shipowner.
1 Citers


 
Harrison v Wright [1811] EngR 164; (1811) 13 East 343; (1811) 104 ER 402
11 Feb 1811


Transport
In assumpsit upon a memorandum for a charter-party, describing the agreement of the defendant, the shipowner, to proceed with all convenient speed to a foreign port, and there load, within 20 running days, a cargo from the plaintiff’s factors, and therewith return home, and in 15 running days deliver the same, on payment of certain freight, concluding with a certain penalty for non-performance : held that the plaintiff might recover damages on the breach of the contract, in the defendant’s not permitting the vessel to proceed on the voyage, beyond the amount of the penalty.
1 Citers

[ Commonlii ]
 
'Madonna D'Indra'-(Papaghica) [1811] EngR 247; (1811) 1 Dods 37; (1811) 165 ER 1224
30 Apr 1811


Transport

[ Commonlii ]
 
Diplock And Others v Blackburn [1811] EngR 468; (1811) 3 Camp 43; (1811) 170 ER 1300 (A)
19 Jul 1811


Transport, Equity
If the master of a ship in a foreign port, from the state of the exchange, receives a premum for a bill drawn upon England on account of the ship, this belongs to his owner, although there may have been a usage for masters of shps to apprapriate such premiums to their own use.
1 Citers

[ Commonlii ]
 
'La Ysabel'-(Bozo) [1812] EngR 142; (1812) 1 Dods 273; (1812) 165 ER 1308
25 Feb 1812


Transport

[ Commonlii ]
 
'Drie Vrienden' Cassens [1813] EngR 375; (1813) 1 Dods 269; (1813) 165 ER 1307
2 Jun 1813


Transport

[ Commonlii ]
 
Gillan, Window v Simpkin [1815] EngR 894; (1815) 4 Camp 241; (1815) 171 ER 77 (A)
24 Jun 1815


Transport
There ia an agreement to carry a passenger on board a ship from London to the West Indies, the passage-money to be paid in London before the commencement of the voyage. The passenger puts his baggage on board in the Tharnes, meaning himself to embark at Portsmouth The ship is lost in going round to that place. The passage-money cannot be recovered back. Aliter, if the agreement had been to carry the passenger from Portsmouth to the West Indies.
[ Commonlii ]
 
Auchmutie and Others, v Ferguson and Others [1817] ScotJCR 1_Murray_200; (1817) 1 Murray 200
27 Jan 1817
SJC

Scotland, Transport
Found that not more than four ferry-boats plied regularly from Kirkaldy to Leith and Newhaven.
[ Bailii ]
 
Davidson v Leslie [1817] ScotJCR 1_Murray_281; (1817) 1 Murray 281
17 Dec 1817
SJC

Scotland, Transport
An action for the price of a cargo of herrings lost on the coast of Caithness, though not all on board at the time the vessel was wrecked.
[ Bailii ]
 
Vooght v Winch (1819) 2 B & Ald 262; [1819] EngR 166; (1819) 2 B & A 662; (1819) 106 ER 507
1819


Transport, Land
Public rights of Navigation could not be extinguished by physical obstruction.
1 Citers

[ Commonlii ]
 
Bee (Wishart) [1822] EngR 179; (1822) 2 Dods 498; (1822) 165 ER 1559 (A)
6 Feb 1822


Transport

[ Commonlii ]
 
'Giocomo'--(Tarabochia) [1826] EngR 1320; (1826) 3 Hag Adm 344; (1826) 166 ER 433
21 Dec 1826


Transport

[ Commonlii ]
 
Rex v Russell [1827] 6 B&C 566
1827


Transport, Land
"The right of the public on navigable rivers is not confined to the passage: trade and commerce are the chief objects and the right of passage is chiefly subservient to those ends."
1 Citers


 
The Sea Insurance Company Of Scotland v Gavin, And Others [1829] EngR 244; (1829) 4 Bligh NS PC 578; (1829) 5 ER 206
1829
SCS

Scotland, Transport, Insurance
Under a policy insuring a brigantine '' at and from L. to S., and thence to "Barcelona, and at and from thence and two other ports in Spain, to a 'port in Great Britain : "--held, that Saloe, a place lying in a bay, having warehouses and a jetty, with a depth of water sufficient for feluccas, but not for large ships, and a good roadsted anchorage where ships lie and are loaded by means of small craft ; having also a custom-house and officers is a ''port" within the meaning of the policy.
[ Commonlii ]
 
'La Madonna Della Lettera' [1829] EngR 651; (1829) 2 Hag Adm 289; (1829) 166 ER 249
27 Jul 1829


Transport
The High Court of Admlralty declined, on the application of the claimant, and without letters of request, to interfere to enforce a monition to compel obedience to a decree made many years before by it Vice-Admiralty Court, for payment of a small sum as demurrage, against a captain who had ceased to be within the jurisdiction of the latter Court, and was resident in England.
[ Commonlii ]

 
 Hunter and Others v Leathley; 1830 - [1830] EngR 98; (1830) 10 B & C 858; (1830) 109 ER 667
 
Wilson [1834] EngR 993; (1834) 6 Car & P 605; (1834) 172 ER 1384
7 Nov 1834

Lord Lyndhurst, C B, Parke, B, Alderson, B, Gurney, B
Transport
Wilson applied for a rule to shew cause why there should not be a new trial, on two grounds - first, that the verdict was against evldence , and, second, that the survey of the manor was receivable in evldence to prove the plaintiff's title to wreck.
[ Commonlii ]
 
Elias Hain Lindo, The Lawful Agent Of Paul Robbrecht, The Sole Owner Of The French Ship Or Vessel La Laure v Our Sovereign Lord The King [1836] EngR 740; (1836) 1 Moo PC 3; (1836) 12 ER 711
30 May 1836
PC

Transport

[ Commonlii ]
 
Regina v The Commissioners of the Thames and Isis (1837) Law Reports Journal, Vol xv pp 17-23; (1837) 15 LJ Rep 17
1837


Transport, Land
In 1833 Lord Boston complained to the Commissioners about the construction of the Cut above Hedsor Water on the Thames. The Commissioners did not act on the complaint. Accordingly Lord Boston claimed compensation from the Commissioners for the loss of income from the towing path on his estate occasioned by the Cut. The Commissioners defended the claim, but the Buckinghamshire Court of Quarter Sessions awarded Lord Boston £1,000 compensation in respect of loss of income from his towpath, £120 in respect of money expended on his stables and £200 as costs. When the Commissioners did not pay, Lord Boston applied in the King's Bench for an order of mandamus and in 1836 such order was granted.
1 Citers


 
'Earl Grey' (Topham) [1837] EngR 456; (1837) 3 Hag Adm 363; (1837) 166 ER 440 (A)
30 Jan 1837


Transport
Commonlii Towing by Steamer - Apportionment of salvage.
[ Commonlii ]
 
'Nicolaas Witzen'--(Lange) [1837] EngR 505; (1837) 3 Hag Adm 369; (1837) 166 ER 442
13 Feb 1837


Transport

[ Commonlii ]
 
Ex Parte Payne In The Matter Of The Great Western Railway Act [1837] EngR 1029; (1837) 2 Y & C Ex 636; (1837) 160 ER 550
11 Nov 1837


Transport

[ Commonlii ]
 
Prendergast v Compton [1837] EngR 1165; (1837) 8 Car & P 454; (1837) 173 ER 572
21 Dec 1837


Transport, Contract
Conduct unbecoming a gentleman, in the strict sense of the word, will, it seems, justify a captain of a ship in excluding a passeuger from the cuddy table whom he has engaged by contract to provide for there, but it is difficult to say in what degree want of polish would, in point of law, warrant such exclusion but it is clear that if a passenger use threats of persoual violence towards the captain, the captain may exclude him from the table, and require him to take his meals in his own private apartment. If the husband be excluded from the cuddy table, and the wife, not from compulsion, but from a wish to be with her husband, take her meals with him in private, this will not amount to a breach of contract on the part of the captain so far as regards the wife.
[ Commonlii ]
 
Yates v Whyte (1838) 4 Bing NC 272; [1838] EngR 396; (1838) 132 ER 793
1838


Insurance, Transport
Plaintiff sued Defendants for damaging his ship by collision : Held, that Defendants were not entitled to deduct from the amount of damages to be paid by them, a sum of money paid to Plaintiff by insurers in respect of such damage.
1 Citers

[ Commonlii ]
 
Ex Parte Grainge In The Matter Of The Great Western Railway Acts [1838] EngR 458; (1838) 3 Y & C Ex 62; (1838) 160 ER 614
17 Feb 1838


Transport

[ Commonlii ]
 
'Isabella'--(Monra) [1838] EngR 482; (1838) 3 Hag Adm 427; (1838) 166 ER 463 (B)
2 Mar 1838


Transport

[ Commonlii ]
 
Dunlop v Lambert (1839) 6 Cl & F 600; (1839) 3 Maclean & R 663
1839
HL
Lord Cottenham LC
Damages, Transport, Scotland
A cargo of whisky was lost in carriage by sea between Leith and Newcastle. A second shipment was made and the loss was claimed. The House was asked whether "in a question between a carrier and the person to whom the carrier is responsible in the event of the property being lost, whether it be true in law, that the sending of an invoice to the consignee, by which it appeared that the property had been insured and the freight paid by the consignor, and the amount charged by the consignor to the consignee, deprived the consignor of the power of suing, and of an interest or right to recover the value of the property." Held: While in general delivery to the carrier was delivery to the consignee and the risk then passed to the consignee, that position could be varied: "If a particular contract be proved between the consignor and the consignee, - and it does not follow that the circumstance of the freight and the insurance being paid by the one or the other is to be considered a conclusive evidence of ownership, - as notwithstanding the ordinary rule, of course there may be special contracts; - where the party undertaking to consign undertakes to deliver at a particular place, and if he undertakes to deliver at a particular place, the property, till it reaches that place, and is delivered according to the contract, is at the risk of the party consigning; so although the consignor may follow the directions of the consignee, and deliver the property to be conveyed, either by a particular carrier or in the ordinary course of business, still the consignor may make such a contract with the carrier as will make the carrier liable to him ." and "Although, generally speaking, where there is a delivery to a carrier to deliver to a consignee, the consignee is the proper person to bring the action against the carrier if they should be lost; yet the consignor may have a right to sue if he made a special contract with the carrier, and the carrier has agreed to take the goods from the consignor and to deliver them to any particular person at a particular place, which special contract supersedes the necessity of showing ownership in the goods; and by authority of the case of Davis v. James (5 Burr. 2680), and the latest case of Joseph v. Knox (3 Camp. 320) that the consignor is able to maintain an action, though the goods may be the goods of the consignee. . the authorities seem to me to establish that the consignor is entitled to maintain the action where there is a contract to deliver at a particular place, provided the risk appears in fact to be still on him."
Lord Cottenham LC discussed whether the delivery to a carrier was delivery to the purchaser: "It is no doubt true as a general rule, that the delivery by the consignor to the carrier is a delivery to the consignee, and that the risk is after such delivery the risk of the consignee. This is so if, without designating the particular carrier, the consignee directs that the goods shall be sent by the ordinary conveyance: the delivery to the ordinary carrier is then a delivery to the consignee, and the consignee incurs all the risk of the carriage. And it is still more strongly so if the goods are sent by a carrier specially pointed out by the consignee himself, for such carrier then becomes his special agent." and "But though the authorities all establish the general inference I have stated, yet that general inference is capable of being varied by the circumstances of any special arrangement between the parties, or of any particular mode of dealing between them."
1 Cites

1 Citers


 
Bryans v Nix (1839) 4 M&W 775
1839


Transport

1 Citers


 
The 'Trident'-(Simson) [1839] EngR 511; (1839) 1 W Rob 29; (1839) 166 ER 484 (B)
19 Feb 1839


Transport
A bottomry bond, granted by the master of a British vessel in a port of this country, upheld. The authority of the Court to take cognisance of such bonds, does not depend upon the locality of the owner's residence, but upon the necessity of the case.
[ Commonlii ]
 
Campbell v Tyson (1840) 2 D 1215
1840
IHCS
Lord Mackenzie, Lord Fullerton
Transport, Scotland
It was asked whether earlier cases established that the mere contracting for the safe carriage, if made by the consignor, entitled him to sue the carrier for damages, if the carrier failed to perform the duty undertaken by him under that contract. Lord Mackenzie: "I do not trust to these decisions as going as far as that. The Lord Chancellor does not go so far in his opinion; and even, as it seems to me, implies in his opinion the reverse of that general abstract doctrine. And there would be great difficulty in reconciling such a doctrine to the ordinary principles of the law of Scotland." Lord Fullerton said of the decision in Dunlop that: "It went no further than this, that although in the general case the consignee was the proper party to sue, there might be circumstances in the transaction which reserved in the person of the consignor such an interest in the contract of carriage as to protect his title to pursue." and ". . . the consignor, who by contract undertakes the risk of the goods, substantially contracts with the consignee for their safe delivery; and consequently the contract with the actual carrier for their carriage remains a separate contract between the consignor and the carrier, for the breach of which the consignor has the legal interest to maintain action." He also observed in relation to the older English cases: "The only question in the case of Dunlop & Co. v. Lambert, etc, and the other cases referred to, was, whether the consignor could recover. It never was doubted that the consignee could; on the contrary, in all those disputed cases it is assumed on all sides that the consignee was, in the general case, the proper party to sue."
1 Cites

1 Citers


 
Charles Barrett v The Stockton And Darlington Railway Company [1840] EngR 43; (1840) 2 Man & G 134; (1840) 133 ER 692
1840


Transport, Rating
Where the language of an act of parliament obtained by a company for imposing a rate or toll upon the public is ambiguous, or will admit of different meanings, that construction is to be adopted which is most favourable to the public. Where, therefore, an act of parliament contained a clause authorising a, railway company to demand a rate not exceeding 4d. per mile upon all coals carried along the railway, and a subsequent clause directing that for all coals shipped for exportation a rate not exceeding 1/2d per ton per mile should be charged ; it was held that the second clause was to be read, as an exception engrafted upon the first ; and also that coals shipped for London, were coals shipped for the purpose of exportation. Where an act of parliament directed that a railway company should take a lower rate of tonnage upon goods conveyed by the railway and shipped in the port of A., goods shipped at a place within the legal port of A., but at some distance from the town of A., were (under the circumstances) held to be entitled to the benefit of reduction, though the act had previously spoken of "the port and town of A."
[ Commonlii ]
 
Evans v Nichol (1841) 3 M&G 614
1841


Transport

1 Citers


 
Logan And Moore v Lieut Godolphin James Burslem, The Officers And Crew Of H M Ship Viper, And The Queen [1842] EngR 1123; (1842) 4 Moo PC 284; (1842) 13 ER 312; [1842] UKPC 20
29 Nov 1842
PC

Transport, Constitutional

[ Commonlii ] - [ Bailii ]
 
Sanders, Snow and Cockings v Vanzeller (1843) 4 QB 260; [1843] EngR 316; (1843) 114 ER 897
2 Feb 1843


Transport
Carrier's lien under bill of lading
1 Citers

[ Commonlii ]
 
The Proprietors Of The Stockton And Darlington Railway v Charles Barrett [1844] EngR 884; (1844) 11 Cl & Fin 590; (1844) 8 ER 1225
26 Sep 1844


Rating, Transport

[ Commonlii ]
 
Thompson v Dominy (1845) 14 M&W 403
1845


Transport

1 Citers


 
The Calder And Hebble Navigation Company v Pilling And Others [1845] EngR 685; (1845) 14 M & W 76; (1845) 153 ER 396
23 Apr 1845


Transport
By a local act, 6 Geo. 4, c. Ixxi., the company of proprietors of a public navigation were empowered to make bye-laws for the good government of the company and for the good and orderly using the navigation, and also for the well-governing of the burgemen, watermen, and boatmen, who should carry any goods, wares, or merchandise upon any part of the said navigattion, and to impose and inflict such reasonable fines or forfeitures upon all persons offending against the same, as to the major part of the company should seem meet, not exceeding £5. The company made a bye-law that the navigatiori should be closed on every Sunday throughout the year, and that no business should be transacted thereon during such time, (works of necessity only excepted), nor should any person during such time navigate any boat, &c nor should any boat, &c. pass along any part of the said navigation on any Sunday, except for a reasonable distance for the purpose of mooring the same, and except on some extraordinary necessity, or for the purpose of going to, or returning from, any place of divine worship, under a penalty of £5 :-Held, that the act did not authorize the company to make the above bye-law, and that it was illegal and void.
[ Commonlii ]
 
Regina v The Inhabitants Of Hickling [1845] EngR 1051; (1845) 7 QB 880; (1845) 115 ER 719
27 Jun 1845


Transport, Local Government
By stat. 34 Q 3, c. 64, when the boundary of two parishes lay along the centre of a highway, justices were empowered, on information of the fact, to summon the surveyors of the respective parishes, hear the parties and their witnesses, and finally determine the matter by order, apportioning the highway between the parishes for the purpose of repair. Forms of information, summons and order were given. By an order under this Act, the justices recited an information laid before them that one side of a certain highways in, and repairable by, parish E, and the other side in, arid repairable by, parish W., praying an apportionment that they had summoned the surveyors, who attended, and that they had examined witnesses : and they ordered that the highway should be apportioned between H. & W., dividing it by a traversing line.
[ Commonlii ]
 
Freeman v Taylor [1846] 8 Bingham 124
1846

Tindal CJ
Contract, Transport
The charterer claimed a deviation by the owner. The jury found the deviation of such a nature and description as to deprive the freighter of the benefit of the contract. Held: The verdict was upheld.
1 Citers


 
Ashley And Others v Pratt And Others [1847] EngR 192; (1847) 16 M & W 471; (1847) 153 ER 1274
1 Feb 1847


Transport, Insurance
Insurance on ship, at and from Liverpool to ports and places in China and Manilla, all or any, during the ship’s there for any purposes, and from thence to her port or ports of calling and discharge in the United Kingdom, with liberty to call; and stay at all or any ports or places on either side of and at the Cape of Good Hope. The ship sailed from Liverpool direct to a port in China, having on board a cargo for that port and Manilla; from thence she proceeded to Manilla, and there discharged the remainder of her outward cargo. At Manilla the captain took on board, on freight, 230 chests of opium for Tongkoo, another port in China (not being thereby a tenth part laden), and sailed for Tongkoo, there to seek a freight for the United Kingdom, and on her voyage thither was lost by perils of the seas. Tongkoo is quite out of the direct course from Manilla to the United Kingdom: - Held, that the words “from thence,” in the policy, mearit not "from manilla" only, but "from ports or places in China and Manilla, all or any;" and that the sailing from Manilla to Tongkoo, for the purpose of seeking a homeward cargo, was not a deviation.
[ Commonlii ]
 
Charles Barrett And Another, On Behalf Of The Durham County Coal Company v The Stockton And Darlington Railway Company [1847] EngR 331; (1847) 1 HLC 18; (1847) 9 ER 656
16 Mar 1847


Rating, Transport

[ Commonlii ]
 
In The Arbitration Of Elliot and The South Devon Railway [1847] EngR 934; (1847) 2 De G & Sm 23; (1847) 64 ER 11
24 Nov 1847


Transport

[ Commonlii ]
 
Stindt v Roberts (1848) 5 D&L 460
1848


Transport
Carrier's lien under bill of lading.
1 Citers


 
Ramsden v The Manchester, South Junction, And Altrincham Railway Company [1848] EngR 168; (1848) 1 Exch 723; (1848) 154 ER 307
25 Jan 1848


Torts - Other, Land, Transport

[ Commonlii ]
 
Brown And Others v Mallett [1848] EngR 253; (1848) 5 CB 599; (1848) 136 ER 1013
9 Feb 1848


Transport

[ Commonlii ]
 
The 'Osmanli' [1849] EngR 131; (1849) 3 W Rob 198; (1849) 166 ER 937
15 Jan 1849


Transport
A bond of bottomry given by the master to release his vessel from an arrest on account of debts owing by the owner to his agent at Malta, upon the balance of accounts current between them, such accounts being incurred anterior to the voyage in which the vessel was engaged at the time, not sustained. The general principle, that bonds of bottomry can alone be gven for the furtherance of the voyage in which the vessel is actually engaged, not affected by the circumstance that by the law of the country where she is seized the vessel may be arrested and sold for any debt owing by the owner to a creditor residing in that country.
[ Commonlii ]
 
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