"Augusta"-(De Bluhn)
| Jurisdiction | England & Wales |
| Judgment Date | 15 June 1813 |
| Date | 15 June 1813 |
| Court | High Court of Admiralty |
English Reports Citation: 165 E.R. 1312
IN THE HIGH COURT OF ADMIRALTY
[Adopted, The " Vtbiha" 1838, 1 W Rob 7, The "Trident," 1839, 1 W Rob. 33; The "Emancipation," 1840, 1 W. Rob. 129, The "Lord Cochrane," 1844, 2 W. Rob. 331; The " Ocean" 1846, 2 W. Rob 467. Referred to, The " North Star," 1860, Lush 50; The " Laurel," 1863, Br. & Lush 197 Distinguished, The " Laurel," 1864, Br. & Lush 320. Referred to, The " Karnac," 1868, L R 2 Ad. & Ecc. 302; The " Pontida," 1884, 9 P D 102; The " James W Elwell," [1921] P. 359.]
[283] " augusta "-(De Bluhn). June 15, 1813 -A bond of hypothecation is valid when no other security is held out than the ship and freight, secus, where the lender looks only to the personal security of the borrower It is not necessary that a bond should be either good or bad in toto [Adopted, The " Vtbiha" 1838, 1 W Rob 7, The "Trident," 1839, 1 W Rob. 33; The "Emancipation," 1840, 1 W. Rob. 129, The "Lord Cochrane," 1844, 2 W. Rob. 331 ; The " Ocean" 1846, 2 W. Rob 467. Referred to, The " North Star," 1860, Lush 50; The " Laurel," 1863, Br. & Lush 197 Distinguished, The " Laurel," 1864, Br. & Lush 320. Referred to, The " Karnac," 1868, L R 2 Ad. & Ecc. 302 ; The " Pontida," 1884, 9 P D 102 ; The " James W Elwell," [1921] P. 359.] This was a question respecting the validity of a bottomry bond granted on this ship and her freight, under the following circumstances : In September 1810, the ship, belonging to Mr. Richmond, a British subject, was chartered by Mr Beerbohn, of London, to proceed to the port of Memel, for the purpose of bringing back a cargo of timber to this country : in pursuance of the charter-party, the ship sailed in the autumn of the same year to Memel, where she took in a cargo from the house of Messrs. Beerbohn, of that place, but was detained in port by the frost, and obliged to remain there during the whole of the winter. The master was furnished with a letter of credit from Mr. Richmond, the owner, to Messrs. Beerbohn, of Memel, and also with another letter of the same description from Mr. Robinson, of London, to Messrs. Ruppil and Co , of Memel, in which Mr. Robinson recommended Mr. Richmond to the attention of his correspondents, in case the necessary disbursements should be refused by Messrs Beerbohn Being in want of money for the repairs of his ship and other necessaries, the master applied to Messrs Beerbohn, and was immediately supplied by them with the sum of 445, 4s Od Messrs Beerbohn...
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The Pontida
...the ship might have been detained at Sun Michael had payment been refused; but, as pointed out by Lord Stowell in the case of The Augusta (1 Dods. 283), that alone will not suffice. With regard to the facts it does not appear to me that the registrar and merchants were precluded by the evid......
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Joseph Lidwell Heathorn, - Appellant; Andrew Darling, - Respondent
...advance on personal credit, That is fatal to such a bond. The Alexander (1 Dodson, 278), The Sydney Cove (2 Dodson, 1), in The Augusta (1 Dodson, 283, 286-7), Lord Stowell * Present on the second argument: Lord Lyndhurst, Mr. Baron Parke, Mr. Justice Bosanquet, the Chief Judge of the Court ......
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The "Edmond"
...no bottomry. This rule is clear and simple, and fixes a fair limit to bottomry. It also accords with former decisions, as The " Augusta " (1 Dods. 283), The " Osmanli " (7 N. of C. 322), where expenses incurred on a former voyage were rejected, and The " North Star " (ante, p. 49), where a ......
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Manoel Joaquin Soares, - Appellant; George Rahn and Others, - Respondents;The Prince of Saxe Cobourg. Ladd
...on Shipping (edit, by Shee, 130). The Nelson (1 Hagg. Adm. 176). The Court can regulate the quantum and reduce the Bond. The Augusta (1 Dodson, 283). The Queen's Advocate (Sir John Dodson) and Dr. Harding for the Respondents.- The only question is, whether the ship was in such a state of un......