The Haabet
| Jurisdiction | England & Wales |
| Judgment Date | 12 August 1899 |
| Date | 12 August 1899 |
| Court | Probate, Divorce and Admiralty Division |
Probate, Divorce, and Admiralty Division
Bucknill, J.
The Haabet
The ElpisDID=ASPM 27 L. T. Rep. 664 1 Asp. Mar. Law Cas. 472 L. Rep. 4 A. & E. 1
The CecilieDID=ASPM 40 L. T. Rep. 200 4 Asp. Mar. Law Cas. 78 4 P. Div. 210
EmancipationENR 1 W. Rob. 124
The Indomitable Swa. 446
Bottomry Maritime risk Maritime interest
MARITIME LAW CASES. 605 ADM.] THE STELLA - THE HAABET. [ADM. July 3 and Aug. 12,1889. (Before Bucknill, J.) The Haabet. (a) Bottomry - Maritime risk - Maritime Merest - - Money due at port of refuge - Owner's personal credit pledged - Validity. A document pledging a ship contained a stipulaHon that the money advanced upon it for the repairs of the vessel in a foreign port should become due and payable if the vessel put into a port of refuge to repair, and also pledged to. owners personal credit. There was no stipulation for the payment of maritime interest. The holders put forward the document as a bottomry bond having priority over the claims of necessary men. Held, that it was a good bottomry bond. (a) Reported by Bbutler Aspinall, Esq., Q.O., and Sorrow Timis, Bsq., Barrister-at-Law. 606 MARITIME LAW CASES. ADM.] THB HAABET. [ADM. THIS was an issue between Messrs. Hanschell and Co., of Barbadoes, and Mr. A. McLellan Fabert, of Liverpool, in respect of necessaries supplied by them to the Norwegian barque Haabet. The vessel had been sold, and her proceeds 2832. 19s. 8i. had been paid into court. Mr Fabert's claim was for 174l. 4s, 5d. for necessaries supplied at Liverpool, while Messrs. Hantfchells was for 144l. 17s. 7d. in respect of necessaries supplied at Barbadoes. Messrs. Hanschell claimed priority under a document dated the 7th April 1898, which they put forward as a bottomry bond. The document was as follows: Within ten days after arrival at port of discharge in Europe, or at any other place at which thy voyage may terminate, of the Norwegian barque Haabet under my command now being dispatched for a voyage from Apalachicola, I promise to pay in an approved banker's sight draft or cheque on London in sterling to the order of Messrs. Brodr Trier, Copenhagen, or if on arrival so instructed by them, Jo remit to them direct or at their option, my consignees are hereby instructed to deduct from the freight due to the vessel at . . . , to hold at the disposal of Missrs. Brodr Trier for credit of Messrs. Hanschell and Co., Barbadoes, the sum of .144l. 17a. 7d. (one hundred and forty-four pounds, seventeen shillings, and...
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Price v Maritime Insurance Company
...- '''he document given by the captain is in the nature of a bottomry bond: The Haabet, 81 L. T. Rep. 463; 8 Asp. Mar. Law Cas. 605; (1899) P. 295; The Dora Forster (1900) P. 241. 214 MARITIME LAW CASES. CT. OF APP.] PRICE AND ANOTHER V MARITIME INSURANCE CO. LIMITED. [CT. OF APP. The obliga......