"Vreede"-(Hoffker)
| Jurisdiction | England & Wales |
| Judgment Date | 05 February 1811 |
| Date | 05 February 1811 |
| Court | High Court of Admiralty |
English Reports Citation: 165 E.R. 1211
IN THE HIGH COURT OF ADMIRALTY
S C. 2 Eng Pr. Cas. 120
REPORTS of CASES ARGUED and DETERMINED in the HIGH COURT of ADMIRALTY commencing with the JUDGMENTS of the Right Hon. SIR WILLIAM SCOTT. Trinity Term 1811. By JOHN DODSON, LL.D., Advocate. [Volume I.]. London, 1815. CASES REPORTED IN THIS VOLUME, AND SINCE HEARD ON APPEAL. Before the Lords Commissioners of Appeal in Prize Causes. Buenos Ayres, November 18th, 1812 . . . . . . . Affirmed. ManAyf Hansen, June llth, 1814 ....... Affirmed. Vrow Deborah, Luk, February 10th, 1813 ...... Affirmed. Before the Judges Delegate in Causes Civil and Maritime. Angerona, Marks, November 21st, 1814 - Affirmed, but without costs, and interest pronounced to be due on the amount of freight not brought into the Registry. L'Esperance, Stegman, May 28th, 1812 - -Affirmed, but without costs. [1J reports of cases argued and determined in the high court of admiralty. " - (Hoffker). February 5, 1811 - Goods delivered on bail to answer adjudication in 1800. - Payment not demanded till 1810, the principal and one of the sureties having in the intermediate time become bankrupts - Question, whether Court would enforce the bond against the other surety after such a lapse of time. - Explanation of delay required from agent. - Authorities in Chancery cited. - Surety ultimately compelled to pay [S C. 2 Eng Pr. Cas. 120 ] This vessel laden with a cargo of rice, sugar, coffee, and other goods, was captured on the second of May 1799, by His Majesty's ship " Ranger," Charles Campbell, Esquire, commander, and carried into Yarmouth. The usual proceedings were instituted by tke King's Proctor, and on the 15th of June a claim was given by Mr. Yink, one oi tte partners in the house of Van Dyck, Gevens, and Co of London, merchants, for forty-one cases of sugar and nine casks of coffee, and also for fifty casks of rice. On the 18th of October 1800, bail was given to answer adjudication by Gideon De Bie and John Tullock, and the goods were in consequence delivered up to the claimant. On the 13th of May 1801, the Judge decreed the fifty casks of rice to be restored, and condemned the sugar and coffee, which amounted in value to the sum of 1650, 9s. &d. This sum had never [2] been paid or demanded till the 14th of Apiil 1810, when a monition was extracted against the parties to bring in the value of the goods condemned. An attachment was now prayed against them ior not complying with the terms of the monition. The claimant himself, and one of tie sureties, Mr. Tullock, had become bankrupts since the bail was given. On the part of the eaptor, the King's Advocate and Swabey. - The bail which has been given is common bail to answer adjudication : It is substituted for the thing itself, and although some of tke...
To continue reading
Request your trial