The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1890-03-04

eargoe 1t will hardly be possible
10 charter a vessel here to take the
cargo on 10 Montevideo, but think
there will be no difficulty in selling
the same here and realize cost or
very nearly cost. II you have no
one else shall be glad 10 attend to
this here for you.
Awaiting your reply by return
of mail,
81 remain, Gentlemen,
respectfully Yours,
sc. BoLTE,
"Acting Consul"
~SAN FRANCISCO, Is Dee, 1889.
:. The Captain Swedish bark Ida,
Honolulu, H. l.:
"DEAR SIR: Under telegraphie
instructions received to-day from
Lloyds' agent at New York, we beg
10 append copy of telegram for you:
.. Write Captain of Ida, Homo
lulu, we, Lloyds' agents, New York
and Indemnity Mutual Marine In
suranee Company, holders of en-
dorsed bills of lading and charter
party authorize you to sell cargo
/ through Lloyds' agent if vessel has
been condemned and cargo cannot
be transhipped promptly, to which
we would ask your attention and
will thank you 10 acknowledge re-
ceipt of this letter in due course.
eve are dear Sir,
"Yours faithfully,
ssCOTToN BELL Il Co."
BY THE CoURT.-Under the cir
cumstaneeS shown by the submits
sion, the question whether or not
| the underwriters have voluntarily
accepted the goods at Honolulu
must be decisive of the case. 1t is
established by all the authorities
:. that if the shipper voluntarily ac-
eepts the goods at the place OF dis
aster, or at any intermediate port,
such acceptance terminates the vOy-
age and all responsibility of the
carrier, and the master is entitled
to freight pro rata itiAeris." PRO
peIler Mohawk, Wall, 161, Hunt
Is. Haskell, "A Me-, $40, l Par
sons Shipping and Adm, 2S9, 24O
and 239, note p.
The defendants counsel contends
that there has been on voluntary
acceptance, but one from neces-
sity in case the master chooses to
give up the cargo"
1t seems to US that the CORES
pOndence above set forth proves
that the underwriters made prop
osition to the plaintiff, which being
accepted by him amounts to a vol
untary acceptance of the cargo on
their part. The plaintiff notified
/ the owners of the arrival of the
vessel at Honolulu in distress, of
the discharge of her cargo for the
purpose of making an examination
/ of her condition, of her condemna-
ton, or the probability thereof, and
of the impossibility of procuring
another vessel at the Hawaiian
Islands for transporting the cargo
to its destination. The owners
were also requested to state their
intentions in regard to the cargo,
and were informed that sale here
would realize cost or very nearly
cost. The owners replied that they
had referred the matter TO the I'M
deryriters,-now the defendants,
who teIegraphed to the plaintiff /:
ave authorize you TO sell
cargo through Lloyds' agent if yes
sci has been condemned and cargo
cannot be transhipped promptly"
Upon the receipt of this telegram
the vessel had been condemned and
it was clear that the cargo could not
- be transhipped promptly" and
I the plaintiff aeceded to the request
and authorization of the under
writers, and is ready to sell the
/ cargo as soon as the issue before the
Court Is disposed of.
l.. The underwriters might have re-
/ fused 10 receive the cargo at Homo
lulu, and, upon a failure of the
plaintiff 10 deliver it at MOntevideO,
would not have been liable for any
part of the freight and would have
had their remedy against the ship
owners for non-performance of the
charter party. On the other hand,
the master might have refused to
allow a sale of the cargo in Homo
lulu and insisted on his right to de-
liver it at MontevideO, and thereby
to earn his whole freight and
would in that case be entitled to a
reasonable time to procure another
vessel for that purpose. Neither of
these courses were pursued, but in
stead, the underwriters made a
proposition to the master to sell the
cargo at Honolulu and the master
consented thereto. This was a vol