Joseph Lidwell Heathorn, - Appellant; Andrew Darling, - Respondent
| Jurisdiction | UK Non-devolved |
| Judgment Date | 02 July 1836 |
| Date | 02 July 1836 |
| Court | Privy Council |
English Reports Citation: 12 E.R. 712
ON APPEAL FROM THE HIGH COURT OF ADMIRALTY OF ENGLAND.
Mews' Dig. tit. Shipping; X. Bottomry; 2. Validity; a. Matters affecting, b. Authority of Master. See Printed Cases in Privy Council Appeals, Admiralty, Soares v. Rahn, 1838, 3 Moo. P.C. 11. S.C. sub nom. Prince of Saxe-burg (The), 3 Hagg. Adm. 387; The Faithfull, 1862, 31 L.J. Ad. 81; Gunn v. Roberts, 1874, L.R. 9 C.P. 338; The Pontida, 1884, 9 P.D. 177.
I MOORE, 5 HEATHORN V. DARLING [1836] [5] ON APPEAL FROM THE HIGH COURT OF ADMIRALTY OF ENGLAND. the ship, eliza. JOSEPH LIDWELL HEATHORN,-Appellant; ANDREW DARLING,-Respondent [May 30; July 2, 1836]. The party taking a Bottomry Bond from the master of a vessel requiring supplies for the further prosecution of her voyage, is bound to ascertain whether such supplies can be procured on the personal credit of the owner, before resort is had to a bottomry bond as security for their amount. Semble, where a party has the means of knowing a fact, he is bound to show that he exercised reasonable diligence to ascertain it. This was originally a cause of bottomry, civil and maritime, promoted and brought in the High Court of Admiralty by Andrew Darling of St. Helena, merchant, the legal holder of a bond of bottomry on the ship Eliza, her tackle, apparel and furniture, bearing date the 8th October 1833, for £520 8s. 6d., and maritime interest thereon at 7-| per cent., making together the sum of £559 9s. Id., which bond was given by Henry Thomas Marshall, the master of the ship, to Saul Solomon, of St. Helena, merchant, for provisions, stores and other supplies furnished, and advances of money made by him, to enable the ship to proceed on her voyage from St. Helena to the port of London ; Saul Solomon having afterwards endorsed over the bond to the respondent Andrew Darling, who became and was the legal holder thereof. The circumstances of the case were as follows: The ship belonging conjointly to Joseph Li dwell Heathoni, the appellant, and John Samuel Groves, the former master, left London in the month of March 1832, with convicts under the command of Groves, on a voyage to New South Wales and Singapore, and [6] back to London, Marshall, the late master, being at such time chief mate. Having landed the convicts at New South Wales in the month of September following, the vessel proceeded in ballast to Singapore. On the 27th of November, whilst at sea, Groves the master died, and Marshall then took the command; and having arrived safely at Singapore on the 5th January 1833, the names of the said Henry Thomas Marshall were duly endorsed on the ship's register. An assorted cargo of merchandize, and three passengers having been then taken on board, on the 3d June following she sailed from Singapore on her return to London, and on the 4th October arrived at St. Helena. Being in want of some provisions and stores, for the further prosecution of her voyage, Lewis Gideon, the agent at St. Helena of Heathorn, the then sole surviving owner of the ship, had an interview with Marshall the master, and stated his readiness to supply the requisite provisions and stores, and to draw a bill on Heathorn for the amount, as he had been accustomed to do. It appeared, however, that Saul Solomon, of St. Helena, persuaded Marshall that as master he had a right to make his election, and further persuaded him to employ him, Solomon, to supply the stores, and give him a bottomry bond for the amount. Gideon protested, but in vain, and in the result Marshall gave Solomon a bond of bottomry on the ship, freight and passage-money, for £520 8s. 6d. Gideon immediately sent information to Heathorn of the transaction, who thereupon...
To continue reading
Request your trial
-
The "Edmond"
...258 ; 3 Kent's Comm 172, 4th edit.); and because they alone have opportunity of proving the facts, Heathorn v. Darling (The " Eliza ") (1 Moore, P. C. 14), [61] " Santa Cruz " (1 C. Rob. 68) The unfavourable opinion of the registrar on difficult points of law such as raised in this case oug......
- The "Prince of Saxe Cobourg"--(Ladd)
- "Dunvegan Castle"-(Howard)