The "Victor"
| Jurisdiction | England & Wales |
| Judgment Date | 04 May 1860 |
| Date | 04 May 1860 |
| Court | High Court of Admiralty |
English Reports Citation: 167 E.R. 38
HIGH COURT OF ADMIRALITY
S. C. 28 L J (Adm) 110, 2 L T 331 Referred to, The "Volant," 1864, Br. & Lush 321; The "Roecliff," 1869, 17 W. R 745; The "Princess Royal," 1870, L. R 3 Ad & Ecc 41: THe "Mullingar," 1872, 26 L T 326, The "Dictator," [1892] P 304
[72] the " victor " May 4, 1860.-Collision-Liability of cargo-Power of execution-Costs and damages -The cargo laden on board a vessel at the time of collision is in no case bable to be sued for the damage. Cargo arrested for freight will be released upon payment of the freight into Court with an affidavit of value The Admiralty Court has no power of levying execution upon a defendant's goods and chattels to satisfy a judgment Where cargo is improperly detained under airest, the owner is entitled to costs and damages A cause of collision was entered against a foreign ship, freight and cargo The ship was arrested, and the cargo was arrested for the freight The ship was released upon an appearance and bail being given for the owners of the ship The Court pronounced for the damage An appearance was thereupon entered for the freight and the freight paid into Court, and the surrogate was prayed to release the cargo The value of ship and freight being insufficient to satisfy the damage, the plaintiff prayed the surrogate not to release the cargo. The surrogate referred the question to the Judge . Held, that the cargo, even if the property of the owners of the ship, was not liable for the damage, and must be released with costs and damages for the improper detention of it [S. C. 28 L J (Adm ) 110 , 2 L T 331 Eeferred to, The " Volant," 1864, Br. & Lush 321 ; The " Roecliff," 1869, 17 W. R 745 ; The " Princess Royal," 1870, L. R 3 Ad & Eco 41 ; The " Mullmgar,'' 1872, 26 L T 326, The "Dictator," [1892] P 304] This was a cause of collision entered by Rothery in £8000, on behalf of the owners of the Dutch ship " Vrede," and her cargo, against the Swedish ship " Victor," her cargo and freight The warrant was issued against the ship and freight only ; the ship was arrested, and the cargo was arrested for the freight On the 31st December 1859, an appearance was entered by Deacon for Samuel Gadenius & Company, as the owners of the ship On the 8th of March 1860, the Court pronounced for the damage of the " Vrede " The cross-action was heard at the same time and dismissed , it had been entered on behalf of Samuel Gddenius & Company, as the owners of the Victor and her cargo On the 2nd of May, Deacon entered an appearance to the action of the " Vrede ' for Messrs Frederick Huth & Company, of London, the holders of the bills of lading of the cargo lately laden on board the " Victor," for .i valuable consideration, and brought in an affidavit with the bills of lading annexed, to the effect that Messrs Huth &...
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