The "Volant."

JurisdictionEngland & Wales
Judgment Date28 November 1864
Date28 November 1864
CourtHigh Court of Admiralty

English Reports Citation: 167 E.R. 385

HIGH COURT OF ADMIRALTY

The "Volant."

bb.&l.sii. the "volant" 385 [321] the " volant." November 28, 1864.-Eights of second mortgagee of part of a vessel, and rights of the owner of the residue-Costs and damages-17 & 18 Viet. c. 104, s 71 ; 24 Viet, c 10, ss 11, 35.-The second mortgagee of 32-64th shares of a vessel instituted a cause under the llth section of the Admiralty Court Act, 1861, and arrested the ship He afterwards withdrew the suit. The owner of the remaining shares (who was not mortgagor to the plaintiff) thereupon applied to the Court to condemn the plaintiff in costs and damages Held, that he was entitled to his costs of suit, but not to any damages occasioned by the arrest and detention of the vessel. On the 24th October 1864 a cause was instituted under the llth section of the Admiralty Court Act, 1861 (24 Viet. c. 10), on behalf of John Taylor as registered mortgagee of 32-64th shares of the vessel " Volant," and on the 29th October he caused the vessel to be arrested The mortgage was dated the 4th July 1864, and was registered on the 18th July. It was given to secure the payment of a bill of exchange for 137, 8s. 3d., due 4th September 1864, and of any renewal or renewals thereof, and of any bill or bills to be given in substitution thereof. The mortgagor, John Bichard Davies, covenanted that the shares mortgaged were free from encumbrances, save as appeared by the registry of the said ship. The affidavit to lead the warrant stated that no portion of the amount secured by the mortgage had been paid On the 5th November an appearance was entered on behalf of James Lee, as the first registered mortgagee His mortgage was upon the whole vessel, and was registered on the 19th May 1864 On the 8th November an appearance was entered on behalf of William Laugharne, the owner of the 32-64th shares, which were not mortgaged to the plaintiff On the 24th of November notice of motion was filed on behalf of the defendant Laugharne, for an order to release the vessel and to condemn the plaintiff, John Taylor, in the costs and damages occasioned by the arrest and detention of the vessel In support of this motion was filed on the same day an affidavit (to which waa annexed a copy of the vessel's register) deposing that the prior mortgage to Lee was still outstanding , that by the terms of that mortgage the statutory power of sale was not to be exercised until the 9th of May 1866 , and that a good freight to [3220...

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6 cases
  • Willers v Joyce (No 1)
    • United Kingdom
    • Supreme Court
    • 20 d3 Julho d3 2016
    ...late 1800s, usually by Dr Lushington: see The Active (1862) 5 LT (NS) 773, The Eleonore (1863) Br & L 185, The Volant (1864) Br & L 321; 167 ER 385 and The Cathcart (1867) LR 1 A&E 314, The Collingrove, The Numida (1885) 10 PD 158 and The Keroula (1886) 11 PD 71 In The Kate (1864) Br & L 21......
  • The "Vasiliy Golovnin"
    • Singapore
    • Court of Appeal (Singapore)
    • 19 d5 Setembro d5 2008
    ...of arrest for both the Victor as well as the cargo it carried. In his subsequent decision in The Volant (1864) 22 Br & Lush 321 at 323; 167 ER 385 at 386, Dr Lushington noted of his judgment in The The case of The “Victor” (Lush. 72), which has been referred to, was one in which, in a cause......
  • The "Wild Ranger."
    • United Kingdom
    • High Court of Admiralty
    • 23 d2 Junho d2 1863
  • The "Vasiliy Golovnin"
    • Singapore
    • Court of Three Judges (Singapore)
    • 19 d5 Setembro d5 2008
    ...of arrest for both the Victor as well as the cargo it carried. In his subsequent decision in The Volant (1864) 22 Br & Lush 321 at 323; 167 ER 385 at 386, Dr Lushington noted of his judgment in The The case of The “Victor” (Lush. 72), which has been referred to, was one in which, in a cause......
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