John Mowatt Lennard against William Robinson and John Fleming
| Jurisdiction | England & Wales |
| Judgment Date | 29 May 1855 |
| Date | 29 May 1855 |
| Court | Court of the Queen's Bench |
English Reports Citation: 119 E.R. 428
IN THE COURT OF QUEEN'S BENCH AND EXCHEQUER CHAMBER
S. C. 3 C. L. R. 1363; 24 L. Q. B. 275; 1 Jur. N. S. 853. Adopted, Williamson v. Barton, 1861, 7 H. & N. 906; Paice v. Walker, 1870, L. R. 5 Ex. 176.
john mowatt lennakd ayains/ william kobinson and john fleming. Tuesday, May 29th, 1855. A charter party stated that it was agreed between L., owner of the ship "N.," then at Genoa, and "It. & F., of London, merchants," that the ship should proceed to Torrevieja, and there load from the factors of the said merchants a cargo " to be brought to and taken from alongside at merchants' risk and expeeice, which the said merchants hereby bind themselves to ship," and should proceed to Memel, and deliver, on paying freight: " thirty running days to be allowed the said merchants," for loading and discharging, and ten days for demurrage at 41. per day. The charter party was signed " by authority of, and as agents for, Mr. A. H. Schwedersky, of Memel." It. F.-In an action by L. against it. & F., the declaration set out the charter party, and averred that Wchwedersky was a foreigner, not a subject of this realm, residing beyond the seas, to wit at Memel, and claimed from defendants demurrage and damages for detention ultra. Plea: that the agreement was entered into by defendants by the authority of, and for and on behalf of, and as agents for, Schwedersky, and not otherwise; and he was named to and known by plaintiff as being defendants' principal at the time the agreement was made. On demurrer:-Judgment for plaintiff, the terms of the charter party shewing that defendants contracted personally. [S. C. 3 C. L. R. 1363; 24 L. Q. B. 275; 1 Jur. N. S. 853. Adopted, Williamson v. Barton, 1861, 7 H. & N. 906 ; Pake v. Walker, 1870, L. It. 5 Ex. 176.] The first count of the declaration stated that a charter party was made between plaintiff and defendants; which charter party was set out in the declaration, and of which the parts material to the present decision were as follows. "Memorandum of charter. London 4th May, 1854. It is this day mutually agreed between Mr. John M. Lennard, owner of the good ship or vessel ' Nicholas Smirk,' A. 1, of the measurement" &c., "now at Genoa, and Messrs. [126] Kobinson & Fleming, of London, merchants, that the said ship, being tight," &c., " shall with alJ convenient speed sail and proceed to Torrevieja, or so near thereunto as she may...
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