The "Idas."
| Jurisdiction | England & Wales |
| Judgment Date | 21 April 1863 |
| Date | 21 April 1863 |
| Court | High Court of Admiralty |
English Reports Citation: 167 E.R. 300
HIGH COURT OF ADMIRALTY
[65] the " idas." April 21, 1863-Action for an account between co-owners- Ship lost before action brought-24 Viet, c 10, s. 8-Retrospective operation of statute -Under the 8th section of the Admiralty Court Act, 1861, the Admiralty Court may order an account to be taken between co-owners relating to matters which took place before the date assigned for the Act to come into operation, and relating to a ship lost before the institution of the cause [Applied, The " Lady of the Lake," 1870, L. R 3 Ad & Ecc 32.] This was a motion (by way of demurrer) to reject the following petition - '" 1 In the year 1858, the plaintiff, Daniel Bloxsome Wadley, was owner of ^ shares in the barque ' Idas,' which was registered in the port of Bristol. John Gouldar, of Bristol, was the owner of sixteen other shares ; and the remaining n. & i m. the "idas" 301 thirty-two shares were held by the defendant, Edward Leader Kendall, shipbroker, of Gloucester. " 2. During the years 1858, 1859, 1860 and 1861, the defendant acted as managing owner, and received the earnings and paid the disbursements of the said barque. " 3 In the month of January 1861 the ' Idas ' was lost at sea, and the defendant afterwards received the monies payable under certain policies of insurance effected on the skip and the monies payable under a certain policy of insurance for 300 for freight and outfit effected specially to cover the share of the plaintiff and the share of the said John Gouldar. " 4 The defendant has rendered to the plaintiff certain accounts of the earnings and disbursements of the ' Idas ' during the years aforesaid, and of the application of the proceeds of the said policies of insurance ; but the said accounts are incorrect and false. " 5. The defendant, though often applied to, has refused to render to the plaintiff true and just accounts relating to the matters aforesaid, and a large sum of money in respect of the same is due and owing from the defendant to the plaintiff. " The plaintiff prays the Right Honourable the Judge to order that an account shall betaken before the registrar and merchants of the earnings and disbursements of the said barque during the years aforesaid, and of the application by the de-[66]-fendant of the proceeds of the said policies of insurance, and to condemn the defendant ib the sum found to be due from him to the plaintiff, and in the costs of these proceediBgs " The Admiralty...
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...be costs in the cause. Motion dismissed. Solicitors for plaintiffs : Stratton tYr Hazen ; Sblicitor for the ship : H. H. McLean. • (1) Br. & Lush. 65. (2) (2nd Ed.) (3) L. R. 3 Ad. & Ecel. 32. (4) L. B. 1 Ad. & Eccl. 77. ...