Morgan v Castlegate Steamship Company. The "Castlegate"

• Jurisdiction: Ireland
• Judgment Date: 08 December 1891
• Docket Number: (1891. No. 1215.)
• Date: 08 December 1891
• Court: Court of Appeal (Ireland)

Appeal.

Before LORD ASHBOURNE, C., PALLES, C.B., and BARRY, L.J.

(1891. No. 1215.)

THE "CASTLEGATE"

The Druid 1 Rob. Ad. 391, 398.

The Turgot 11 Pr. D. 21.

The BeeswingUNK 53 L. T. (N. S.) 554.

The Durham City 14 Pr. D. 85.

The Mary Anne L. R. 1 A. & E. S.

The SaraELR 14 App. Cas. 209.

The ThetisELR L. R. 2 A. & E. 365.

The Parlement Belge 5 Pr. D. 197, 218.

The Leon 6 Pr. D. 148.

Smith v. PlumerENR 1 B. & A. 575.

The Henrich BjornELR 11 App. Cas. 270

The Sara App. Cas. 209.>

The RigaELR L. R. 3 A. & E. 516.

The FeroniaELR L. R. 2 A. & E. 65.

Caledonian Sws. 17.

The Tasmania 13 Pr. D. 113, 116.

Hamilton v. BakerELR 14 App. Cas. 209.

The Druid 1 Rob. Ad. 391, 399.

The Ticonderoga Swa. Adm. R. 215.

The Leamington 2 Asp. Mar. Cas. (N. S.) 475.

The Glentanner Swa. 415.

The Sara 12 Pr. D. 158.

The Mary Anne L. R. 1 Ad. & Ec. 8.

The Ringdove 11 Pr. D. 120.

Hamilton v. BakerELR 14 App. Cas. 209.

Charter-party — Disbursements on account of the ship — Master's claim Charterers — Owner — Authority of master — 52 & 53 Vict. c. 46, s. 1.

\Tor.. XXIX.] CHANCERY DIVISION. 55 to hold. himself out to the world as the owner of the stock, and Appeal. so gave him the power to defraud. There is no negligence on 1891. the part of the plaintiff, and I think he has the superior equity. KELLY v. Xinx. &LEIN. Solicitor for the plaintiff : Harford Kelly. BANK. Solicitors for the Munster Bank : Maxwell 4. Weldon. G. Y. D. THE " OISTLEGATE " (1). (1891. No. 1215.) Charter-party-Disbursements on account of the ship-Master's claim Charterers-Owner-Authority of master-52 It 53 Vict. c. 46, 6.1. By a charter-party it was agreed that the owners should provide and pay for all the provisions and wages of the captain and crew, for the insurance of the vessel, and maintain her in a thoroughly efficient state. It was further agreed that the charterers should provide and pay for all the coals, port-charges, pilotages, commissions, and all other charges whatsoever, except those before stated ; and it was further agreed that the captain, although appointed by the owners, should be under the orders and directions of the charterers, as regards employment, agency, or other arrangements. The master ordered coals for the vessel at two different foreign ports, in. order to enable the vessel to perform her voyage. These coals were ordered from a firm of W. & Co., with whom the charterers had a contract to supply their vessel with coal. The charterers were subsequently adjudicated bankÂrupts. In an action by the master against the vessel and her freight for disburseÂments on account of the ship: Held, that he was not entitled to recover, as, by the terms of the charter-party, he had no power to pledge the owner's credit. Appeal. 1891. Nov. 25, 26, 27. Dec. 8. BY a charter-party, dated the 20th November, 1889, the Castle-gate Steamship Company hired the " Castlegate " for a period of six months, from a date not later than the 20th December, 1889, to a firm of Douglas H. Morgan & Co., of Newport, MonmouthÂshire. By the terms of the charter-party it was agreed that the (1) Before LORD MELBOURNE, C., PALLES, C.B., and BARRY, L.J. Yon. XXIX. a 56 LAW REPORTS (IRELAND). [L. it. I. Appeal. owners should provide and pay for all the provisions and wages of 1891' the captain, officers, engineers, firemen, and crew, and should pay THE for the insurance of the vessel, also for the engine-room stores, n STLEGATE. and maintain her in a thoroughly efficient state in hull and machinery for the service. It was also agreed that the charterers should provide and pay for all the coals, port charges, pilotages, agencies, commissions, and all other charges whatsoever, except those before stated. The charterers were to pay for hire of the vessel £930 per calendar month ; and the captain, though apÂpointed by the owners, was to be under the orders and directions of the charterers as regards employment, agency, or other arrangeÂments. The owners should have a lien upon all cargoes, also sub-freights, for freight or charter-money due under the charter ; and the charterers should have a lien on the ship for all the moneys paid in advance and not earned, and derelicts and salvage for owners and charterers, equal benefit in moieties to each after settling with the crew, paying hire of steamer for time lost, and cost of coal consumed. The hiring commenced on the 14th December, 1889, when the vessel proceeded on a voyage to Buenos Ayres from Antwerp, with a cargo on behalf of Douglas Morgan & Co., and there delivered the same. By a sub-charter, dated the 8th December, 1889, the "Castle-gate " was chartered to Messrs. Samson & Co., of Buenos Ayres, by Douglas Morgan & Co., to carry a cargo to the United Kingdom, or on the Continent between Bordeaux and Hamburg, and there deliver said cargo. By a sub-charter, dated the 9th January, 1890, Samson & Co. chartered the " Castlegate " to Arning, Brauss & Co., to carry a cargo between the same places. In pursuance of this last-mentioned charter-party, Arning, Brauss & Co. loaded the " Castlegate " with a full cargo of maize, and the steamer carried the said cargo to the port of Cork, and there delivered the same to the assignees of the bill of lading. The entire freight payable for the carriage of the said cargo, 24s. 6d. per ton, amounted to the sum of £2593 12s. 4d. Prior to sailing on the said voyage, the master of the " Castle-gate " was advanced, in pursuance of the charter-party under which Pot. XXIX.) CHANCERY DIVISION. 57 the said cargo was carried, as and. for advanced freight, a sum of Appeal. ,21250, and adding thereto a sum of £20 8s. 11d, for expenses in 1891' connexion with the said vessel, a balance of £1323 33. 5d. became THE CASTLEGA.TE. due and payable to the said Messrs. Samson & Co. on right delivery of the said cargo. The amount of freight payable to the said Douglas H. Morgan & Co., under the charter-party of the 8th December, 1889, amounted in all to the sum of £2381 17s. 10d., and deducting the advance freight of ,21250 as aforesaid, and the said sum of £20 8s. lid., the sum of £1111 8s. lid. became payable by the said Messrs. Samson & Co. to the said Douglas H. Morgan & Co. In the month of January, 1890, and while proceeding on said outward voyage above mentioned, the " Castlegate " called at the Port of St. Vincent, and, to enable the said " Castlegate " to continue her voyage, it became absolutely necessary to procure coal and water; and David Morgan, the plaintiff, as master of the said ship, caused at the said port the firm of Wilson, Sons & Co., Limited, to supply the ship with coal and water, and said firm also, at the request of the said David Morgan, paid certain moneys for necessary custom, harbour, and port charges to enable the said " Castlegate" to proceed on her voyage, amounting to the sum of £313 ls. Od. The plaintiff in payment for the said necessaries, and as master of said ship, drew a bill of exchange for said amount, dated February 18th, 1890, on the said Douglas H. Morgan & Co., and payable sixty days after sight. The said bill was subsequently accepted by the drawees, but was dishonoured at maturity by them at the end of said outward voyage, and on the homeward voyage of the said steamship in the months of February and April the said steamship called at the Port of Monte Video, and it became absolutely necessary to obtain a further supply of coal to enable the said steamship to proceed on her homeward voyage, and the plaintiff again, as master of the " Castlegate," procured from Wilson, Sons & Co., Limited, a further supply of coals. The plaintiff, as master of the said ship, drew another bill of exchange on the said Douglas H. Morgan & Co. for the sum of £1078 10s. 9d., being the price of the said G 2 1890, with the cargo of maize, and on her arrival in Cork, on the 11th May, 1890, had duly earned the said freights. Prior to the delivery of the said cargo at Cork, the same was arrested under a warrant issued forth of the Local Court of Admiralty of the Borough of Cork, in a cause of necessaries on behalf of Wilson, Sons & Co. against the steamship " Castlegate," her tackle, apparel, and furniture, and the cargo then or lately laden thereon .for freight only, together with the freight due for the transportaÂtion thereof, which cause was subsequently transferred to the Court of Admiralty, No. 1191, and the estimated balance of freight, namely, the sum of £1392, was paid into court by Messrs. Hall, the assignees of the bill of lading, under which the said cargo was shipped as aforesaid. The owners of the " Castlegate," for the purpose of saving the said ship from arrest, under the warrant aforesaid, also lodged in said Local Admiralty Court a sum of £1500, which had since been transferred to the Admiralty Court, and the said two sums, representing the said ship and freight, were lodged in Court. On the 28th July, 1890, the said Wilson, Sons & Co. caused a writ to be issued against the plaintiff David Morgan, forth of the High Court of Justice in England, to recover the amount of the said bills so drawn by him for the said necessaries supplied as aforesaid, and judgment was recovered against him in the said action on the 19th January, 1891, and the amount of said judgÂment was unpaid, and the plaintiff in this action was unable to satisfy the same. David Morgan, as master, brought the present action in the Court of Admiralty, claiming a lien for the sum of £1391 118. 9d., and he prayed that the sum so claimed by him for disbursements might be paid to him in the first instance out of the sum lodged as freight or out of the sum lodged as representing the ship. The defendants pleaded that by the charter-party of the 20th November, 1889, the charterers were to provide and pay for coals, port charges, pilotage, and other charges-save provisions, wages, VoL. XXIX.] CHANCERY DIVISION. and insurance-and that the captain, though appointed by the...