The Express.
London, England, 1853-12-20 00:00:00

OVTIVYIN AND ANOTHII V. CUYNIII.•

OINZILAL IL

Mr. Serjeant Shoe and Mr. Willa appeared for the
plaintiffs; and Mr. Bramwell and Mr. Wilde for the
defendant.

This wu an action on • charter party, to recover the
valise of certain goods shipped by the plaintiffs, who were
merchants, from the defendant, as the owner of the ship
Harriet Ramble. The defendant had put several pleas
on the record ; but the main question was, whether the
plaintiffs were liable to a payment of a charge of 21 per
cent. made at Rio de Janeiro, whether it partook of the
nature of • general ge.
It appeared that the ship was on her voyage to a port on
the west cast of South America, and having run against
an iceberg and sustained considerable damage, she was
obliged eventually to put into Rio, where it way found
necessary to uaship the whole of the cargo, in order to
repair the ship. The captain endeavoured to raise money
upon hottogary, without success, and then sold • portion of
kis cargo to pay the expenses. GIOCIII which were damaged
were .Me sold for the sum of 3001. The cargo was then
reshipped, sad the vessel proceeded to her destination, and
delivered the remainder of her cargo. Mears. Todd, Naylor,
and Co. were employed by the captain as his
ageats ; and in addition to the charge of 6 per cent. upon
disbursements realising 631., and upon damaged and sound
goods amounting to shout BW, Messrs. Todd, Naylor, and
Co., had also charged 21 per cent. for unehipping, reship.
ping, Ate., upon ths value of the cargo, such charge
emanating to 6001. The real question at a.sise in the case
was, whether Messrs. Todd and Co. were entitled to make
the latter charge, which was said by the defendant partook
of the nature t.f general average. The plaintiffs contended
that it was an unequal sad unfair mode of charging for the
service performed, without reference to the nature and
vale. of the cargo; whilst it was urged en the part of the
defendant, that, is the prompt instance, it was bat a fair

Miaow Thompso, Mr. Bates, (of the Am of Baring,
aad9a.), rid Mr. Pitcairn', aa average stater at
=tiewas Mis MM/ support of the plaintiffs' case, to show
bs ragolatioss at Lloyds prohibited their anent/ from
chargiai • otomissios for landing and reshipping a cargo,
or rather mipsrborsding the same, but that they were
paid for tim• and labour. Mr. Pitcairn, said this
quostios of comaissios had been • matter of con-
test for the last forty-Ire years. It had always be••
rosistod at Lloyds, although they bad hem obliged
L - - eases _to
_submit to it is foreign porta.

. MUT . .
twin MUM
Os the part of the dallislast. Mr. if. Riaharda,- the well-
COCA O. W1LL4021.-10/011.119 DOWIII CUR. bows average stator, was asikdi sod lead that it had often
Mr. Wanes, with Mr. Phnom, was coaseel for the haggssad is lie espaelasell dnt Me semsaission of 21 per
*Wilt ; Mr. IL Massalay, with meths? learned pain- emit. Ost asperistamilmf the ..'wiles sod re-shipping a
Ink appeared fee the deleadast oarr. had bees *sad trader the eshaiss sf " general aver.
Ilie WM as Mies bassght epithet the proprietor of the age,"at Lisyds.
" Itrollormismalbsa shish rase dews the Park-rain, to Mr. !!.sank, captain of a ship, WY this sailed to prove
woomooo •
Pm Warier which had bees instaised by that Mr had pet late AM ter have repairs dens to his ship,
as WIMS, sammiptesee, se it was alleged, of the asp eel had deigekadol to the eels* of 40.00011 end
Mesas et the aMmadast's 'resat. ha was to log 21 Poo toot. Wing
01121mared do es the swain ef the 9th Jose last. the megi, he sajesistsadasoo of the rune,
wee eseoliiis peteleget es ea " Ades " wal% IR delft @NW.. a• nimbi so the &tusk