Domett and Others against Beckford
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1833 |
| Date | 01 January 1833 |
| Court | Court of the King's Bench |
English Reports Citation: 110 E.R. 883
IN THE COURT OF KING'S BENCH
S. C. 2 N. & M. 374; 3 L. J. K. B. 11.
[521] domett and others against beckford. 1833. In indebitatus assumpsit for freight, it appeared that goods were laden in Jamaica on board the plaintiffs' ship, according to a bill of lading, which stated them to have been shipped by W. J. on a vessel bound for London on account of the defendant, and that they were to be delivered in London to the consignees, paying freight for the same at the rate therein mentioned ; the goods so shipped were the property of the defendant. The captain having delivered the goods to the consignees without receiving the freight, it was held that the defendant was liable by law to pay the freight to the shipowners; and that independently of any express contract by charterparty. O^sp- t-X./3* [S. C. 2 N. & M. 374; 3 L. J. K. B. 11.] Indebitatus assumpsit for freight, primage, and pierage, due from the defendant to the plaintiffs, in respect of the carriage of certain goods and merchandize mentioned in the declaration. Plea, general issue. At the trial before Denman C.J., at the London sittings after Trinity term 1833, the following facts were admitted:-"The goods mentioned in the declaration were shipped in the island of Jamaica on board the ship ' William Bryan,' belonging to the plaintiffs, according to the following bill of lading:-'Shipped, in good order and well conditioned, by W. Jackson, in the ship "William Bryan "bound for London, 145 hogsheads of sugar and forty-eight puncheons of rum, on account of W. Beckford, Esq., being marked and numbered as in the margin, and are to be delivered at the West India Docks in the port of London (with the usual risks expressly exeepted), unto Messrs. Plummer and Wilson, or to their assigns, paying freight for the said sugar at 5s. sterling per hundred weight, and rum at 6d...
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Muller & Company (London) v Lethem ; Muller & Company (London) v Commissioners of Inland Revenue
...and purchaser-consignee being liable to the shipowner for freight. See as to this the statement of Mr. Justice Park in Domett v. Beckford (1833, 5 B. & Ad. 521) and the decision in Shepherd v. De Bernales (1811, 13 East, Page 565) that on a bill of lading containing a clause "to be delivere......
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W.H. Muller and Company (London)Ltd v Lethem (HM Inspector of Taxes)
...and purchaser-consignee being liable to the shipowner for freight. See as to this the statement of Mr. Justice Park in Domett v. Beckford (1833, 5 B. & Ad. 521) and the decision in Shepherd v. De Bernales (1811, 13 East, Page 565) that on a bill of lading containing a clause "to be delivere......
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Cho Yang Shipping Company Ltd v Coral (UK) Ltd
...42 I agree that the appeal should be allowed for the reasons given in the judgments of Hobhouse LJ and Evans LJ. 43 ORDERDomett v Beckford 5 B & Ad 521) But the shipper may be shipping as the agent of the consignee in which case the contract will be with the consignee. (eg Fragano v Long 4 ......
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Fowler v Knoop
...J. 55, Q.B.; 3 Mar. Law O.S. 190.468. Maclachlan on Shipping p. 373. Cohen, Q.C., and Wood Hill, for plaintiff, referred to. Domett v. Beckwith, 5 B. & Ad. 521; Hill v. Idle, 4 Camp. 327; Fraser v. The Telegram Company, 1 Asp. Mar. Law Cas. 421; 27 L. T. Rep. N. S. 373; L. Rep. 7Q.B.566; Th......