Levy v Costerton
| Jurisdiction | England & Wales |
| Judgment Date | 24 February 1816 |
| Date | 24 February 1816 |
| Court | Court of Common Pleas |
English Reports Citation: 171 E.R. 124
KING'S BENCH AND COMMON PLEAS
S. C. Holt, 168, 1 Stark. 210.
124 LEVY V. COSTERTON 4 CAHP. 390. Saturday, Feb 24, 1816. levy v. costerton. (Where by a charter-party ot affreightment the owner of the ship covenants that she shall be furnished with everything needful and neoessarv for the voyage, he is bound, to furnish her not only with all documents requited by the law of this country, but such as are required for her immediate admission into the foreign port mentioned in the charter-party . therefore, where by such a charter-party a ship was let to freight for a voyage to Sardinia and back, held, that the owner was table for nut furnishing her with a bill of health, without which by the law of Sardinia she could not be admitted into port before performing quarantine ) [S (' Holt, 168 , 1 Stark. 210 ] This was an action of covenant by the freighter against the owner of a ship The charter-party (which was for a voyage from England to Sardinia and back) stipulated that the ship, " being tight, staunch, and strong, and well and sufficiently manned, tackled, apparelled, and furnished with everything needful and necessary for such a ship, and for the voyage thereinafter mentioned, the master should and would receive and load," &c The declaration assigned for breach that when the ship proceeded upon the voyage, she was not well and sufficiently furnished, with everything needful and necessary for such a [390] ship and for the said voyage, and that on the contrary thereof she set sail without being furnished with a certain document called a bill of health, which said document was then and there needful and neeessary for the said ship for the said voyage,-alleging special damage in the delay thereby occasioned. The defendant, by his pleas, averred performance of the covenant, and denied that the bill af health was needful or necessary. It appeared that a bill of health is a document not necessary for ships clearing outwards at the custom-house here, nor required by our laws to be taken by ships sailing to the Mediterranean, but that bills of health are issued to such ships, and generally carried by them By the law of Sardinia, which has been long known to persons engaged in the Mediterranean trade, a bill of health is required from all ships even from England, and without one they are obliged to perform quarantine. Upon the arrival of the ship in question at Caglian she was put under quarantine for want of a bill of health, and the voyage was thereby greatly delayed Best, Serjt. for the defendant contended, that the covenant only extended to such things as were necessary to enable the ship to sail from this country, or which our law required What else the freighter wished to have for his own convenience, he ought to have provided himself The voyage was performed without a bill of health, although with some delay Gibbs, G J -The covenant is, that the ship shall be provided with everything needful and necessary for the voyage. I think a bill of health is a thing within the meaning of that covenant. The defendant allows, that for want of it the voyage was delayed Now I am of opinion that he was bound to provide the ship with all the documents which owners or...
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