Junius Smith v Nathaniel Gould and Others
| Jurisdiction | UK Non-devolved |
| Judgment Date | 19 February 1842 |
| Date | 19 February 1842 |
| Court | Privy Council |
English Reports Citation: 13 E.R. 208
ON APPEAL FROM THE HIGH COURT OF ADMIRALTY OF ENGLAND.
Mews' Dig. tit. Shipping, A. X. Bottomry, 2. a. Considered as to duty and authority of master in The Karnak, 1868, L.R. 2 Ad. and E. 299; and The Ida, 1872, L.R. 3 Ad. and E. 550. As to former Admiralty jurisdiction of Judicial Committee, see note to last preceding case (4 Moo. P.C. at p. 21).
ON APPEAL FROM THE HIGH COURT OF ADMIRALTY OF ENGLAND. JUNIUS SMITH,--Appellant; NATHANIEL GOULD and Others,-Respondents * [Feb. 11 and 19, 1842], A Bottomry Bond may be good in; part, though void for the residue [4 Moo. P.C. 26]. Where, therefore, a Bottomry Bond was given by the master at New York, as well for advances to obtain his discharge from arrest, at the instance of the consignees, on account of damage done on the voyage to part of the cargo; as for payment of the port duties and other disbursements necessary to enable the ship to prosecute her voyage; the Judicial Committee, reversing so much of the decision of the Admiralty Court as rejected the Bond in- toto, sustained the Bond to the extent of the sums advanced for necessary supplies and payment of the port duties. If reliance is placed upon a difference between the law of England and a Foreign State, the party relying upon the differencei is bound by witnesses or authorities to prove such fact [4 Moo. P.C. 26]. The Pbince Geokge. This was an appeal from a sentence of the Judge of the High Court of Admiralty in a cause of Bottomry, brought by the Appellant, the legal holder (as assignee of Messrs. Wadsworth and Smith of New York, merchants,) of a Bottomry Bond, dated 14th September 1836, for 294 10s., on the ship Prince [22] George, and the freight to be earned on a voyage then intended to be made by her; against the said ship, her tackle, etc.; and against Nathaniel Gould and James Dowie, of London, merchants, and Peter M'Gill, and William. Price, of Quebec, merchants, intervening in the cause, as the present owners of the ship. In the month of September 1836, the ship Prince George arrived at New York from London with a general cargo, and a large number of passengers, under a charter-party to the Appellant, being destined f rora thence to Quebec under a charter-party to the Respondent Gould and others. By the charter-party to the Appellant, a moiety of the freight (the entire sum being 506) was payable in London, previous to the sailing of the ship, and the remainder in New York, on the right delivery of the cargo there. During the voyage, the master broke bulk, and made use of some porter, part of the cargo on freight, a portion of which he used as ship's stores for the crew, and the remainder he sold to some of the steerage passengers. On landing the cargo at New York, part of it was found to have been damaged by bad stowage. The consignees of the porter claimed 588 dollars, as the value of the deficiency * Present: Lord Wynford...
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