Merry v Jamison & Company
| Jurisdiction | England & Wales |
| Judgment Date | 01 July 1764 |
| Date | 01 July 1764 |
| Court | Probate, Divorce and Admiralty Division |
English Reports Citation: 167 E.R. 443
CASES DETERMINED BY THE HIGH COURT OF ADMIRALTY AND UPON APPEAL THEREFROM.
For further proceedings, see p. 118, post.
[1] CASES DETERMINED by the HIGH COURT of ADMIRALTY and upon Appeal therefrom. delegates. merry v. jamison & Co. (1). July 1, 1764.-On admission of an allegation about bottomry bond. [For further proceedings, see p. 118, post.] Dr. Clarke.-This is an appeal from the High Court of Admiralty. The ship " Lord Anson," whereof Mr. Merry is the owner, in April, May, and June 1763, lay in Virginia, and the ship wanting repairs the captain applied to my clients Jamison & Co. for 1000, to be employed in refitting, victualling, and lading this ship for the pert of London. To secure the repayment, the master gave my clients a bond of bottoanry and bills of exchange on Mr Merry, the owner, which bond, as well as the bills, he refused to pay. The ship arrived in August 1763, having made considerable freight. 17th September 1763 action was entered, and a warrant issued to arrest the ship, her tackle, &c . in whosesoever hands they should be, to answer my clients. Bail was entered, and a libel has been given consisting of nine articles, setting forth tiat sometime in 1761 or 1762 the ship " Lord Anson " was [2] freighted an a voyage to Quebec ; that she was about 400 tons burthen ; that Mr. Woolcomb was sole commander, that the ship lyeing in Hampton River, the master having no fixed credit there, Messrs Jamison & Co. supplied the captain with money to the amount ef 1000, to refit, victual, and lade her, else she could not have proceeded safely to London ; that for security the captain made over the ship, tackle, Ice., and gave a bottomry bond ; the identity of the persons is pleaded, and the bill of sale; that in August 1763 she made freight to the amount of 1500 , that Mr. Merry had been frequently applied to for the payment, but had as often refused, and the motion was that he might be compelled to payment by sentence of the Court. This Libel the Judges below admitted, from which admission Gostling has appealed. Da1. Wynne.-I am council (stn) for Mr Merry 17th September 1763, action, was entered in 2000. September 1763...
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