United States Shipping Board v Bunge y Born Limitada Sociedad
| Jurisdiction | England & Wales |
| Judgment Date | 13 November 1924 |
| Date | 13 November 1924 |
| Court | Court of Appeal |
Court of Appeal
Bankes, Atkin and Sargant, L.JJ.
United States Shipping Board v. Bunge y Born Limitada Sociedad
Leduc and Co. v. Ward and othersDID=ASPMELR 6 Asp. Mar. Law Cas. 290 58 L. T. Rep. 908 20 Q. B. Div. 475
Glynn v. MargetsonDID=ASPM 7 Asp. Mar. Law Cas. 366 69 L. T. Rep. 1 (1893) A. C. 351
James Morrison and Co. Limited v. Shaw Savill and Albion Company LimitedDID=ASPMELR 13 Asp. Mar. Law Cas. 504 115 L. T. Rep. 508 (1916) 2 K. B. 783
White v. Granada Steamship Company Limited 13 Times L. Rep. 1
Charter-party — Fuel oil supplies — Deviation from chartered voyage for purpose of obtaining supplies
Decision of Bailhache, J. affirmed.
ASPINALL'S MARITIME LAW CASES. 429 App.] United States Shipping Board v. Bunge y Born Limitada Sociedad. [App. Nov. 3 and 13, 1924. (Before Bankes, Atkin and Sargant, L.JJ.) United States Shipping Board v. Bunge v Born Limitada Sociedad. (a) APPEAL FROM THE KIND'S BENCH DIVISION. Charter-party - Fuel oil supplies - Deviation from chartered voyage for purpose of obtaining supplies-Liberty to call at anv ports in any order-Claim for demurrage. A steamship constructed to use oil fuel was chartered to carry a cargo from the River Plate to a safe port in the United Kingdom, or on the Continent between Marseilles and Hamburg inclusive. By clause 29 of the charter-party it was provided that " the steamer shall have liberty to call at any port or ports in any order for the purpose of talcing bunker coal or other supplies." The vessel was loaded with a cargo part to be discharged at Malaga and part at Seville, and it was agreed that Malaga should be the first port of discharge. After discharging at Malaga the vessel had enough oil fuel left sufficient to take her to Seville, and to discharge her cargo there, but it would not have carried her to any further point. No oil fuel being obtainable either at Malaga or at Seville, she called at Gibraltar to obtain oil fuel from a tank steamer which was expected to arrive, but owing to the non-arrival of the loiter, the vessel proceeded to Lisbon to bunker. Lisbon was out of the direct course from Malaga or Gibraltar to Seville. On a claim by the charterers claiming damages for the deviation: Held, that clause 29 of the charter-party must be read as giving a liberty to??ll for bunkers or supplies only at a port or ports on the way of the voyage, and that the vessel did deviate to an unauthorised extent in proceeding to Lisbon. The owners were, therefore, liable to the charterers in damages in respect of such deviation. Decision of Bailhache, J. affirmed. By a charter-party dated the 23rd Oct. 1920, and made between the plaintiffs as owners and the defendants as charterers, the steamer Alamosa was chartered to carry a cargo of maize from the River Plate to a safe port in the United Kingdom or on the Continent between Marseilles and Hamburg inclusive. Subsequently it was agreed that tire charterers might load a cargo for Malaga and Seville, Malaga to be the first port of discharge, and the steamer was loaded accordingly. By clause 29 of the charter-party it was provided that " The steamer shall have liberty to call at any port or ports, in any order, for the purpose of taking bunker coal or other supplies, to sail without pilots, to tow and be towed, to assist vessels in distress, and to deviate for the pnrpose of saving life or property." Disputes having arisen under the charter-party, the matter went to arbitration. The shipowners claimed demurrage, and the charterers counterclaimed for freight overpaid, for short delivery, and for deviation. The material facts as found by the umpire were these. The Alamosa was a steamship constructed and intended to use oil fuel. On her way from the River Plate to Malaga she put into Rio de Janeiro to bunker and there took on board a further supply of oil fuel. After discharging part of her cargo at Malaga she had about 90 tons of oil fuel in her bunkers which would be sufficient to enable her to reach Seville and to discharge there, but not sufficient to enable her to get away. No supplies of oil fuel were procurable either at Malaga or Seville. On her way...
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