A ship was chartered to proceed to Calcutta and there load a cargo from the charterers for the United Kingdom,’ the freight to be paid on unloading and right delivery of the cargo.’ The charter-party contained the following clause:-‘Sufficient cash for ship’s ordinary disbursements to be advanced the master against freight, subject to interest, insurance, and 2 1 2 per cent. commission.’ Advances were made by the charterers at Calcutta, and the ship was lost on the homeward voyage.- Held (affirming judgment of Court of Session) that the charterers had given up their right to recover their advances from the owners.
Lord Chancellor Selborne and Lords Chelmsford, Colonsay, and Cairns
[1873] UKHL 450
Bailii
England and Wales
Updated: 11 August 2021; Ref: scu.652915 br>