Leonis Steamship Company Ltd v Joseph Rank Ltd
| Jurisdiction | England & Wales |
| Judgment Date | 17 December 1906 |
| Date | 17 December 1906 |
| Court | King's Bench Division |
King's Bench Division
Channell, J.
Leonis Steamship Company Limited v. Joseph Rank Limited
Nelson v. Dahl, Donkin, and Co.DID=ASPM 4 Asp. Mar. Law Cas. 172, 392 (1879) 44 L. T. Rep. 381 12 Ch. Div., at p. 582
Tapscott v. BalfourDID=ASPM 1 Asp. Mar. Law Cas. 501 (1872) 27 L. T. Rep. 710 L. Rep. 8 C. P. 46
Pyman v. DreyfusDID=ASPMELR 6 Asp. Mar. Law Cas. 444 (1889) 61 L. T. Rep. 724 24 Q. B. Div. 152
Thrasis Sulphur and Copper Company Limited v. Morel Brothers and Co.DID=ASPMELR 7 Asp. Mar. Law Cas. 106 65 L. T. Rep. 659 (1891) 2 Q. B. 647
Sanders v. Jenkins and Co.ELRUNK (1897) 1 Q. B. 93 2 Com. Cas. 12
Charter-party — Bill of lading — Commencement of lay days
The rule as stated by Brett, L. J in Nelson v. Dahl, Donkin, and Co. (4 Asp. Mar. Law Cas. 172, 392 (1879); 44 L. T. Rep. 381; 12 Ch. Div., at p. 582) and followed in Pyman v. Dreyfus (6 Asp. Mar. Law Cas. 444 (1889); 61 L. T. Rep. 724; 24 Q. B. Div. 152) followed.
398 MARITIME LAW CASES. Ct. of App.] Leonis Steamship Company Limited v. Joseph Rank Limited. [K.B. Div. HIGH COURT OF JUSTICE. KING'S BENCH DIVISION. Monday, Dec. 17, 1906. (Before Channell., J.) Leonis Steamship Company Limited v. Joseph Bank Limited, (a) Charter-party - Bill of lading - Commencement of lay days - Demurrage - " Bahia Blanea and were load" - Port or usual loading place within port - "Time for loading shall commence to count twelve how after written notice hat been given " - lime taken in getting to berth. , A charter-party provided that a vessel should "proceed at ordered by the charterers or their agents to the undermentioned place or placet and there receive a full and complete cargo of wheat . . . cargo to be loaded at the rate of 200 tons per running day, Sundays and holidayt excepted (if ship be not sooner ditpatehei), and time for loading shall commence to count twelve hours after written notice hat been given by the matter . . . that the vessel it in readiness to receive cargo . . . and all time on demurrage over and above the said laying days shall be paid for by the charterers. . . ." The charterers agents ordered the vessel to go to Bahia Blanea. The vessel arrived and anchored off the pier in the river within (he port on the 24th Feb. Notice wot given by the captain the tame day. The vessel had anchored in a possible, but not the usual, loading place. The berths alongside the pier were occupied, through the crowded state of the port. The charterers wanted the vessel to go alongside, the pier to load. On the 30th March the vessel obtained a berth. The loading wot completed on the 5th April. Held (rejecting a claim for demurrage) that, although there it in general (and subject to a few possible exceptions) an obligation on the ship to go to the berth selected by the char, terer, yet the terms of the charter mutt be looked at to tee whether that it to be done in the ship-owner's time before the ship can be treated at an arrived ship, or in the charterer's time after the lay days have commenced. There was nothing in the charter-party to definitely guide on this point. The time taken in getting to the berth could not be included in the lay days. The rule as stated by Brett, L.J. in Nelson r. Dahl, Donkin, and Go. (4 Asp. Mar. Law Cat. 172,892 (1879); 44 L. T. Sep. 381; 12 Ch. Div., at p. 582) and followed in Pyman v. Dreyfus (6 Asp. Mar. Law Cat. 444 (1889); 61 L. T. Sep. 724; 24 Q. B. Div. 152) followed. Commercial action tried before Chanaell, J. sitting without a jury. The plaintiffs claimed demurrage and freight and a declaration that they were entitled to exercise a lien upon 120 torn, of wheat in respect thereof. The plaintiffs were the owners of the steamship Leonis, and the defendants were the receivers of certain cargo shipped on the steamship Leonis and holders of bills of lading dated the 31st March and the 3rd and 5th April 1905. In March and April 1905 the vessel loaded a cargo of 4196 tons of grain at Bahia Blanea, upon (a) Reported by W. Trevor Turton , Esq, Barrister-at-law MARITIME LAW CASES. 399 K.B. Div.] Leonis Steamship Company Limited v. Joseph Rank Limited. [K.B. Div. the terms of a charter-party dated the 30th Deo. 1904. Phillimore, J., on a preliminary trial, held that the terms of the charter-party were incorporated into the bills of lading. The material parts of the charter-party were as follows: Buenos Ayres, . . . 30th Dec. 1904. The Uniform Elver Plate Charter-party, 1904. Home-wards - Steam. It is this day mutually agreed between Thomas L. H. Rose, as broker (or and en behalf of owners of the good screw steamship called the Leonit, of the measurement of 2660 tons gross and 1701 tons net register uow fauling, and Messrs. Brauss Mahn, and Co., Buenos Ayres, charterers (3) - that the said ship, being tight, staunch , and strong, and in every way fitted for the intended voyage, shall . . . after arrival at Montevideo . . . and after discharge of her inward cargo, if any, proceed as ordered by the charterers or their agents to the undermentioned place or places, and there receive from them a fall and complete cargo of wheat ... in bags and (or) balk, to be loaded as follows - vis., (4) at one or two safe loading ports or places in the river Parana, not higher than San Lorenzo, . . . which cargo the said charterers bind them selves to ship, not exceeding what she can reasonably stow and carry oyer and above her tackle, apparel, provisions, and furniture ; . . . (5) sad, being so loaded, shall with reasonable speed therewith proceed to St Vincent . . . for orders (unlets these be given ... by charterers on signing bills of lading) to discharge at a safe port in the United Kingdom, . . . or so near...
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