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

srpp c. :. M'CuIII, ElCxESToS AND poIK. u
Opinion or the Court By Dole j.
The text OF the submission IS As
follows:
1.-The undersigned, c. P. OLSON,
Master of the Swedish bark Ida,
plSintif. and Thee h. Davies 4
Co. Agents of Iloyds and the In
demnity Mutual Marine Insurance
Company. respectfully represent:
THAT there Is question in diff
ference between them which might
Be the subject of q civil action in
the supreme Court based upon the
following facts which are agreed
upon
:. The bark Ida, Of which plain
tiff i MASTER. sailed from Tacoma
State Of Washington, with a cargo
of lumber bound for MOntevideo,
on or about the Sd day Of August,
1859.
That said cargo consisted OF
AZ. 600 II. OF lumber costing ten dol
lars SO per thousand in Tacoma,
and was shipped by Jas. E. Ward x
Co. Of New York, 10 be delivered
IL their order AZ said MontevideO.
That said cargo was insured in
Indemnity Mutual Marine 1nsur-
ance Company, and at Lloyds, but
that these parties are not informed
whether the freight thereon Is in
sured or not
..That upon the 10th day of De-
tober. lSS9. said bark put into HO-
nOIuIu in distress, that hercargo WAS
discharged for the purpose OF max
ing an examination Of her condi-
ton. and upon survey said bark
was found 10 be unseawOrthy and
condemned 81 unfit for repair.
=. That in consequence Of the con-
ditiou Of said vessel said voyage
was broken up. That il is i'm
possible for the master 10 obtain
another vessel in the Hawaiian
Kingdom TO carry said cargo on 10
its port Of destination.
.sThat the plaintiff notified the
owners Of the cargo of the forego-
ing facts, who replied that they had
referred the matter to the under
writers. that the latter by telegram
authorized the plaintiff as follows:
I'VE authorize you 10 sell cargo
through Lloyds' agent if vessel has
been condemned and cargo cannot
Be tranShipped promptly
THAT the plaintiff is ready to sell
the cargo a. above authorized,
which can be sold in Honolulu for
about SI6 per thousand, but claims
that be Is entitled 10 freight from
Tacoma 10 Honolulu, and has lien
on the cargo for the same, as well
s. fo- expenses incurred in dis
charging said cargo in Honolulu
and IN piling, storing and insuring
the same against fire, and that upon
$ sale Of said cargo would be en-
titled 10 ! lien upon the proceeds
from the same in consequence Of
the authority given him 10 sell, all
OF which claims the defendant dis
putes-
. That il was necessary TO dis
charge said cargo in order TO exam
Inc the condition Of the vessel.
THAT the usual freight upon
T.
lulu i the sum Of $3.50 per thou
szud. that there i no established
rate Of freight from Honolulu to
Monteyideo and 70 carry said cargo
3 vessel would have to be obtained
in the United States.
q And II i agreed that the ques-
ton g. 10 the liability Of the cargo
70 the payment Of freight from Ia
coma 70 this port a. well as for said
other costs and expenses or any
part Of the same respectively shall
b submitted 10 your HonOrs.
.. The charter party bill of lading
and all correspondence between the
parties fled herewith shall be taken
a. q part Of this submission"
The correspondence referred to
IN the submission and made d part
thereof i 81 follows:
New YORK, July ,, 1889.
- Master-bark Ida, Puget Sound:
~DEAR SIR: After receiving on
board your vessel q full cargo a.
per your charter party, and having
signed bill Of lading therefor, you
viii please proceed to the port of
MOntevideO and upon your arrival,
report 10 Messrs. GiOsul BonOmi &
sons, who will give you instruc-
tons for the discharge Of your
cargo
- Wishing you a pleasant and
speedy voyage,
We are, yours truly,
JAMES f. WARD & Co."
UHOSOLULU, Nov. Is, 1889.