Dunlop v Lambert. [Court of Session—1st Division.]
| Jurisdiction | Scotland |
| Judge | Ld. President |
| Judgment Date | 21 March 1837 |
| Court | Court of Session (Inner House - First Division) |
| Docket Number | No. 217. |
| Date | 21 March 1837 |
Ld. President.
Carrier—Ship—Insurance—Jettison—Title to Pursue—Proof.—
William Dunlop and Co., wine and spirit merchants in Edinburgh, raised an action against George Anthony Lambert and others, owners of the Ardincaple steamer, which plied between Leith and Newcastle, concluding for payment of £75, 9s., as the value of a puncheon of whisky shipped on 31st August, 1833, on board the steamer, to the address of Matthew Robson, Newcastle, and not duly delivered. The summons bore that the defenders ‘undertook by their agreement, and were answerable to the said Matthew Robson, for the safe delivery of the said puncheon:’ that the puncheon was improperly left on deck, in place of being stowed in the hold, and that ‘it was washed or thrown overboard, or otherwise lost or destroyed, in consequence of the improper stowage or other fault or neglect of the defenders, or their servants for whom they were responsible;’ that the pursuers had reshipped another puncheon of equal value to Robson ‘in lieu or payment of the one so lost by the defenders;’ and that the defenders were liable to them for the value of the cask which was lost.
The defenders denied that the cask had been lost through improper stowage, or through any fault of theirs, and alleged it to have been thrown overboard along with almost the whole of the cargo, for the safety of the vessel, in a violent storm; and that its value, along with the rest of the goods thus jettisoned, must form the subject of a general average on the ship, freight, and cargo. They pleaded, separately, that the pursuers had no title to insist for the value of the puncheon, as it was at Robson's risk from the date of shipment, and he alone was entitled to call them to account for the value of it. The subsequent shipment of a second puncheon by the pursuers to Robson, neither increased nor diminished the liability of the defenders to Robson in regard to the first puncheon.
The following issues were sent to trial:—
‘1. Whether, on or about the 31st day of August, 1833, the pursuers shipped a puncheon of spirits on board the Ardincaple of Newcastle, a vessel belonging to the defenders, for the purpose of being conveyed to Newcastle, and delivered to Matthew Robson, Newcastle? and,
‘2. Whether the defenders wrongfully failed to deliver the said puncheon to the said Matthew Robson, and are indebted and resting owing to the pursuers in...
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...the invoice showing that their right in the whisky ceased at the time of shipment. The report of the trial is at First Division (1837) 15 S 884 6 The pursuers took exception to the direction of the trial judge and the matter came before the First Division (1837) 15 S 1232. The majority of t......