Deslandes against Gregory and Another
| Jurisdiction | England & Wales |
| Judgment Date | 07 February 1860 |
| Date | 07 February 1860 |
| Court | High Court |
English Reports Citation: 121 E.R. 226
IN THE COURT OF QUEEN'S BENCH, AND THE COURT OF EXCHEQUER CHAMBER.
[802] deslandes against gregory and another. Tuesday, February 7th, 1860. A charterparty, made in London, between plaintiff, ship-owner, and defendants, "as agents to Samuel Ferguson, of Anamaboe, merchants and charterers," was signed "for D." (plaintiff) "owner, H. G. as agent. For Samuel Ferguson, Esq., of Anamaboe, G. brothers," (defendants) "as agents." The cbarterparty was partly written and partly printed, the words "merchants" and "charterers" 2 EL ft EL 601. DESLANDES V, GREGORY 227 being printed, and in the plural, throughout it. Defendants, merchants in London, acted in England as agents for Ferguson, a native of Africa, and residing at Anamaboe in that country. By the charterparty, plaintiff's ship was chartered for a voyage from London to Africa and back, and freight was made payable on delivery of the return cargo.-Held, that defendants were not personally liable, as principals, on the charterparty.-Judgment affirmed in the Exchequer Chamber. [Affirmed in Exchequer Chamber, 2 El. & El. 610; 30 L. J. Q. B. 36; 6 Jur. N. S. 651 ; 8 W. B. 585. Applied, Hutchinsm v. Tatham, 1873, L. E. 8 C. P. 487.] The declaration contained counts for freight and demurrage, money paid, and on an account stated. Plea: Never indebted. Issue thereon. At the trial, before Crowder J., at the Surrey Summer Assizes, 1859, the facts appeared to be as follows. The plaintiff is a shipowner and ship-builder residing in the island of Jersey, carrying on business under the name of George Deslandes & Son, and in the year 1858 was the owner of a ship called The " Deslandea." The defendants are merchants carrying on business in the city of London. In July, 1858, the plaintiff, being desirous of obtaining a charter for his said ship, instructed Mr. Henry Gamraari, a ship-broker in the city of London, to procure a charter for her; and, on 30th July, 1858, a charterparty, of which the following is a copy, and which was on a printed form, filled up where requisite in ink, the words " merchants " and " charterers " being printed throughout it, was signed by the said Henry Gamman and the defendants. "London, 30th July, 1858. " Charterparty. "It is this day mutually agreed between George Deslandes & Son, owners of the good ship or vessel called The ' Deslandes/ of Jersey, and of the register measurement of [603] 153 tons or thereabouts, and now lying in the port of London, of the one part, and Messrs. Gregory, Brothers, as agents to Samuel Ferguson, of Anamaboe, merchants and charterers, of the other part: That the said vessel being tight, staunch and strong, and every way fitted for the voyage hereinafter mentioned, shall with all possible dispatch be made ready in the Saint Katherine Dock, and there, or in the river Thames, both or either, receive and take on board all such lawful goods or merchandize as the said charterers or their agents may send alongside the vessel, and proceed therewith and deliver the same at any place or places on the west coast of Africa, between Cape Palmas and Cape Formosa, both inclusive, and reload between the same limits, from the agents or correspondents of the said merchants, a full and complete cargo of...
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Universal Steam Navigation Company v McKelvie & Company
...the signature had been so qualified the decision would or might have been the other way. On the other hand, in ( Deslandes v. Gregory 1860, 2 E. & E. 602), where the defendants were described both in the body of the charter-party and in the signature as agents for a known person, they were ......
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Universal Steam Navigation Company v McKelvie & Company
... ... A. McK.” ... In an action by the owners of the steamer against J. McK. & Co. for demurrage:— ... Held , by Bankes and Atkin L.JJ ... one who signs a document “as agent for” or “on account of” another. Deslandes v. Gregory F7 was an earlier case, and Miller v. Smith F8 a ... ...
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...they wished to carry that intention into effect they should have expressed it in the body of the instrument, as in Dedande*, v G/eqo/y (2 El. & El 602). [Wilde, B., refened to Muhmiy v. Kefcule (14 C. B. 390) Martin, B. There is an ambiguity in the form of the signature, and the demurrer ad......
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Reid and another v Dreaper
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