Kleinwort, Cohen, & Company v Cassa Marittima of Genoa
| Jurisdiction | UK Non-devolved |
| Judgment Date | 18 January 1877 |
| Date | 18 January 1877 |
| Court | Privy Council |
Judicial committee of the privy council
The Right Hons. Lord Blackburn, Sir James Colvile. Sir Barnes Peacock, Sir M. Smith, and Sir R. P. Collier
Kleinwort and others v. The Cassa Maritima of Genoa
The BonaparteENRENR 3 W. Rob. 298 8 Moo. P.C. 459
The Hamburgh B. & L. 253 2 Mar. Law Cas. O. S. 1
The Australasian Steam Navigation Company v. MorseUNK ante, vol. 1, p. 407 L. Rep. 4 P. C. 222 27 L. T. Rep. N. S. 357
The Onward ante. vol. 1, p. 540 L. Rep. 4 A. & E. 38 38 L. T. Rep. N. S. 206
The OrientalENR 7 Moo. P. C. 389
Ship Lottomry Bond Communication with owners of cargo
The Onward (ante. vol. 1, p. 540; 38 L. T. Rep. N. S. 206; L. Rep. 4 A. & E. 38) affirmed and followed.
Judgment of the court below reversed.
358 MARITIME LAW CASES. PAIR. CO.] KLEINWORT AND OTHERS V. TUB CASSA MARITIMA OF GENOA. [PRIV. CO. JUDICIAL COMMITTEE OF THE PRIVY COUNCIL. Reported by C. E. HaldEn, J. P. AspiNALL.and F. W. RaiKes, Esqs., Barristers-at-Law Thursday, Jan. 18,1877. (Present: The Eight Hons. Lord Blackburn, Sir James Colvile. Sir Barnes Peacock, Sir M. Smith, and Sir R. P. CoLLiBr ) Kleinwort and others v. THE Cassa MaRItima of Genoa. on appeal from the supreme court op ceyLon. Ship - Lottomry Bond - Communication with owners of cargo. A statement by the master of the injuries sustained by his ship and of the repairs necessary is not a sufficient communication with the owners to justify him in giving a bottomry bond upon the ship and cargo, if unaccompanied by a statement that such bond is necessary. The mere receipt by the owners of the cargo of general information that the ship is damaged and in need of repairs, does not impose upon them the duty of supplying money for such repairs without further information. The Onward (ante. vol. 1, p. 540; 38 L. T. Rep. N. 8.206; L. Rep. 4 A.&E. 38) affirmed and followed. Judgment of the court below reversed. This was an appeal from a decree of the Supreme Court of the Island of Ceylon, Dated 15th Jane 1875, reversing a decree of the district court of Galle, dated 23rd Oct. 1874. The respondents were the holders of a bottomry bond, dated 12th March 1873, on a ship called the Maria Luisa, and her freight and cargo, and given under the following circumstances: The Maria Luisa, an Italian ship of 703 tons register, was by a charter-party dated at London the 19th May 1870, chartered by Messrs J. D. Findlay and Company, of Glasgow, to load a cargo of Rice at Rangoon, for carriage to QUeenstown or other ports, for orders to discharge in the United Kingdom, or on the Continent between Havre and Hamburgh. Under such charter-party the Maria Luisa loaded a cargo of rice, shipped by Gerber, Chres-tien, and Company, to whom the master delivered a bill of lading, dated 28th Jane 1872, by which the cargo was made deliverable to their order. ' The Maria Luisa sailed from Rangoon on the 9th July 1872, on her said voyage, with the said cargo on board her, but on or about the 7th Sept. 1872, put into the port of Trincomalee, in distress. At Trincomalee, Emanuele Schiaffino, the master ofthe Maria Luisa, executed a bottomry bond, dated the 12th March 1873, on the Maria Lusia and her freight, and the said cargo of rice, whereby he bound himself and the Maria Luisa, her freight and cargo, to pay the respondents the sum of rs. 42,235 46 c., subject to the conditions that if the Maria Luisa should sail from Trincomalee on her intended voyage to Cork or Falmouth for orders, and that without deviation, and if the said master or the owner of the Maria Luisa should, within thirty days after her arrival at the port of discharge, pay the said amount, the bond should be void. The Maria Luisa subsequently, on the 15th April 1873, sailed from Trincomalee on her said voyage with the said cargo, but on the 1st May following she, put into the port of Point de Gulle, with her said cargo, and there remained. The said master there sold, or caused to be sold, the said cargo. On the 10th Feb. 1874, the respondents com-mraenoed an action, No. 35,916, class 6, in the District Court of Galle, upon the said bottomry bond against the said Emanuele Schiaffino, to recover the sum of rs. 42,235 46a. from him, and to obtan a mandate of sequestration to seize and sequester pendente lite the proceeds of the said cargo of rice, and to obtain payment to the respondent of the said proceeds. The cause of action alleged was that the Maria Luisa had improperly deviated from her voyage, and that the master had abandoned the voyage, and the bond had become payable. The said Emanuele Schiaffino appeared in the said action, and the proceeds of the said cerge of rice were, by mandate of the said court, duly sequestered. The said action came on for trial, and on the 1st July 1874, judgment was given therein for the respondents, against the said Emanuele Schiaffino, for rs. 42,235 46c, with costs of suit; but it was ordered that the proceeds of the sale of the said cargo should remain under sequestration until the rights of all parties interested therein should have been...
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The Gaetano and Maria
...Law Cas. O. S. 103, 276); and the more recent case of Kleinwort, Cohen, and Co. v. The Cassa Maritima of Genoa (3 Asp. Mar. Law Cas. 358; 2 App Cas. 156; 36 L. T. Rep. N. S. 118) is no authority to the contrary; it merely followed The Bonaparte and The Hamburg on the question of fact, witho......
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The Gaetano and Maria
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