The "Bengal"-W H Henderson, Master
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1859 |
| Date | 01 January 1859 |
| Court | High Court of Admiralty |
English Reports Citation: 166 E.R. 1220
HIGH COURT OF ADMIRALTY OF ENGLAND
Reffered to, The "Mal Ivo," 1869., L. R. 2 Ad. & Ecc. 358: The " Joanms Vatis (No. 2)," [1922] P. 221.
the " bengal "-(W. H. Henderson, Master). June 9 and July 14, 1859).- Master's wages-Action in persnnam and judgment unsatisfied-Proof in bankruptcy-Lien on ship.-A master having sued for his wages at common law an4 iccovered judgment, which judgment remains unsatisfied in consequence f the defendant's bankruptcy, aad having further proved his debt under the defendant's bankruptcy, is entitled to sue the ship in the Admiralty Ceurt, notwithstanding the ship has changed hands. [Referred to, The " Mali /wo," 1869, L. R. 2 Ad. & Ece. 358 ; The " Joannis Vatis (No. 2)," [1922] P. 221.]'^727'./:=/ -_.. This was a suit for wages, brought by William Henry Henderson, late master of he barque " Bengal " ; James Akett, formerly of Melbourne, then of New Orleans ; Bobart M'Swiney, of Melbourne, and John Atteridge, formerly of Melbourne then of Liverpool, hex owners, intervening. The summary petition stated the hiring of Henderson in February 1854, by Alexander Robinson, her then owner, on a voyage from London to Port Philip ; the arrival of the barque at Port Philip on 2nd September 1854, where Henderson remained in eharge of her as master till 2nd January 1855, for which services he claimed, on balance of account, 74, 4s. That some time m October or November 1854, the barque was sold by Messrs. Tootal Jt Browne, of Melbourne, under power of attorney from Robinson, to Messrs. White & Co., of Melbourne, of which sale Henderson was not aware till 1st of January 1855, when he was required to deliver up possesmoni of the barque to Messrs. White. This he, at first, refused to do ; hut being advised that he could not legally retain possession, there being no Admiralty Courf at Port Philip, he delivered her up to Messrs. White. That he demanded has wages from Tootal & Browne, as agents of Alexander, who paid 5 on account, and gave him the following letter to Robinson :- [468] Melbourne, 19th January 1855. Dear Sir, Late owner of the barque " Bengal." This will be presented by Captain W. H. Henderson, late master of the barque " Bengal," and will certify that, m consequence of the balance ol funds, the proceeds of sale of the above barque having been attached in our hands to meet a claim for deficient delivery of wooden houses, we have been prevemted by the...
To continue reading
Request your trial
-
The Indian Endurance [QBD (Admiralty)]
...QB 84. Arnold & Ors v National Westminster Bank plcELR [1991] 2 AC 93. August 8, TheELR [1983] 2 AC 450. Bengal, TheENR (1859) Swab 468; 166 ER 1220. Bold Buccleugh, TheENR (1850) 7 Moo PC 267; 166 ER 944. Burns, TheELR [1907] P 137. Carl Zeiss Stiftung v Rayner & Keeler Ltd & Ors (No. 2)EL......
- The Goulandris
-
The Cella
...Lopes, L.JJ. The Cella The Two Ellens 4 P.C. App. 168 The Pieve SuperioreUNK 5 P. C. 491 The Heinrich Bjorn 10 Prob. Div. 62 The BengalENR Sw. 468 The VolantENR 1 W. Rob. 383 Admiralty Court Act 1861 (24 Vict. c. 10), ss. 4, 35. Necessaries Ship company Liquidation MARITIME LAW CASES. 293 C......
-
The Ship Catala v. Dagsland,
...Mary, the only difference between owner for his wages but could not (1) (1859) 5 Jur., N.S. 1085; (2) (1851) 7 Moore P.C., 267, Swabey, 468, 471. 286. 102 EXCHEQUER COURT OF CANADA [1928] realize it because of the defend- To the Admiralty decisions sl......