Joseph Place, - Plaintiff; Taylor Potts and William Orton Bradley, - Defendants in Error
| Jurisdiction | England & Wales |
| Judgment Date | 03 July 1855 |
| Date | 03 July 1855 |
| Court | House of Lords |
English Reports Citation: 10 E.R. 948
House of Lords
Mews' Dig. vi. 601; xiii. 415, 427, 989. S.C. 24 L.J. Ex. 225; 3 W.R. 574; and cf. 8 Exch. 705; 22 L.J. Ex. 269; 17 Jur. 1168.
Admiralty Court - Jurisdiction - Plea in Bar.
V H.L.C., 383 PLACE V. POTTS [1855] [383] JOSEPH PLACE,-Plaintiff; TAYLOK POTTS and WILLIAM ORTON BRADLEY,-Defendants in Error [July 3, 1855]. [Mews' Dig. vi. 601; xiii. 415, 427, 989. S.C. 24 L.J. Ex. 225; 3 W.R. 574; and cf. 8 Exch. 705; 22 L.J. Ex. 269; 17 Jur. 1168.] Admiralty Court-Jurisdiction-Plea in Bar. In an action by a shipowner against the charterers for freight, the charterers pleaded that after the freight had been earned, and after the commencement of the suit, the obligee of a bottomry bond, by which ship and freight were hypothecated, instituted in the Court of Admiralty a suit against ship and freight, whereon a monition issued, commanding the Plaintiff to bring into Court the proceeds of the wreck and stores of the ship, and the Defendants to bring into Court the money due for freight, to abide the judgment of the Court, and that the defendants had done so : Held, affirming the judgments of the Courts of Exchequer and Exchequer Chamber, that this was a good plea in bar to the action. Construction of the 3 and 4 Viet. c. 65. This was an action to recover £521 7s. 5d. for freight, brought in the Court of Exchequer by the Plaintiff, the owner of the barque Brilliant, against the Defendants, the charterers of that vessel. The declaration was in the common form. The Defendants pleaded, first, except as to £386 17s. 9d., never indebted; and, secondly, as to that sum, that while the goods were on board, and before the commencement of the voyage, the master was compelled to borrow for the use of the ship and the purposes of the voyage the sum of £262 lls. 4d., from one G. B. Symes, upon a bottomry bond, whereby ship and freight were hypothecated; that after the freight was earned, and after the commencement of this suit, Symes instituted a suit upon the bond in the Court of Admiralty against the ship and freight, whereupon a monition issued, commanding the Plaintiff to bring into Court the proceeds of the sale of the wreck and stores of the ship, and the Defendants to bring into Court the [384] money due from them for freight, to abide the judgment of the Court, or show cause to the contrary; that having no cause to show, the...
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The "Ocean Jade"
...AC 221 (folld) J (an infant), Re [1960] 1 WLR 253; [1960] 1 All ER 603 (folld) Kaleten, The [1914] 30 TLR 572 (distd) Place v Potts (1855) 5 HLC 383; 10 ER 948 (refd) Ripon City, The [1987] P 226 (refd) Rossage v Rossage [1960] 1 WLR 249; [1960] 1 All ER 600 (folld) Sextum, The [1982] 2 Llo......
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Place v Potts and Another
... ... for the recoveiy thereof, and that the defendants had, in puisuance of a monition issued out of ... " the defendants are indebted to the plaintiff for fr eight "foi the conveyance of goods, &c ... ',, LOE R 948] This was a proceeding in error upon a judgment of the Court i elo\v in favour of ... , AVightman, J , Ciesswell, J , Tale, J , William-., ,] , Crompton, J., and Crowder, J. 488 PLACE ... ...