The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-01-13
SHIP OWNERS HELDLIABLE.
The Shipper Not Bound by the Charter
Party Unless Assent is Given.

He Must First Be Given Notice of That
Contract and Agree to Its Provisions.
The City Court Decides the Suit Of
Messrs. Hoist & Weber Against the
Owner of the Steamship Vulcan-The
Consignee Had to Pay Extra Duty
Because a Cargo Was Carried 20
Genoa Before Going to It's Destina-
ton at Barcelona
A suit Of more than ordinary interest
70 shippers was decided in the city court
yesterday, being complaint brought by
Messrs. Hoist Il Weber against Thomas
Robinson, owner Of the British steamship
Vulcan, to recover the amount of extra
duty charged by the Spanish government
IN a cargo of cotton, by reason of the fact
that the Vulcan went to another foreign
port before going to Barcelona, Spain,
whittier she was bound.
The Vulcan, John Edmundsou, master,
was chartered Oct. 10, 1892, by j. f.
Minis Il Co. TO take cargo of cotton to
Barcelona and other ports, among which
was Genoa, italy. According to the
sharter-party between the owners and
Messrs. J. f.. Minis & Co., the latter
chartered the vessel by which they had a
right to control its voyage. One clause in
the charter-party allowed the vessel to
stop at any or all the ports named in the
charter-party, and in any order they
choose.
Capt. Edmundson signed the bill of
lading or contract between the owners of
the ship and Messrs. Hoist ~ Weber to
carry so much cotton to Barcelona, Spain,
without mentioning any other port. In
stead of going direct to Spain, however,
Capt. Edmundson went, il is claimed, 600
miles out of his way, going first to
Genoa. The Vulcan sailed from this port
Oct. 10, 1892.
WENT TO ANOTHER PORT FIRST.
BY reason OF the fact that she went to
Genoa first, the Spanish government
charged extra duty on the cotton when 1t
was brought 10 Barcelona, amounting to
about 3719 cents on 100 pounds. The con-
signees had to pay 1902. 81 more duty than
would have been required had the vessel
gone direct to Barcelona. 1t was for this
amount that Messrs. Hoist & Weber
sued the owners of the Vulcan.
When Messrs. Minis & Co. learned that
the Vulcan had first gone TO Genoa, they
knew that complaints would of course be
made, on account of this law of the Span
ish government, and they at once wired
there and chartered the vessel for the re-
turn voyage to this port. When she re-
turned here attachments were issued
against the owners to appear and answer
to the complaint in the city court.
THE cHARTER-PARTY.
The defendants offered in evidence the
charter-party through their attorney, Mr..
9. N. West, this giving the vessel the
right TO go to all of the ports mentioned
IN this contract and in any order. Mr..
Walter G. Charlton, for the plaintiffs, OBJ
1ected, and after argument the court sus-
tanned the objection, holding that the
charter-party was irrelevant unless
the defendants could prove that
the plaintiffs had notice of
its terms and assented TO them.
The defendants then offered the testimony
OF Capt. Edmundson and others which
was ruled out on the same grounds. As
the defendants put in no other evidence
the court instructed a verdict in favor of
the plaintiffs for the full amount asked,
which was the amount Of the extra duty
that had to be paid to the Spanish gov
eminent by reason of the fact that the
cotton was first carried to Genoa.
THE BILL OF LADING BONDS.
The effect of this suit brings out the
point that the shipper is bound by no
other contract made with vessel except
the olll-of-lading, which is signed by the
captain, as agent, or the owner himself.
unless he is given due notice of the char
ter-party, and gives his full assent to that
contract. If that had been the case in
this instance, the defendants would have
won the suit as the plaintiffs would have
had notice OF and given their assent to
the provision that the ship could 20 to all
the ports named in that contract, and in
any order that pleased the captain.
1t is probable that Mr. West will take
the matter TO the supreme court, as there
are other matters involved. There are
several other suits against this vessel or
its owners on this same ground, and all
have agreed that they will abide by the
result reached with regard to that tried
yesterday. Unless this case is carried up,
Judgments in favor of the plaintiffs in all
these cases will be signed at this term. 1t
was implied in the bills of lading in each
case that the ship should go direct to
Barcelona, and as the decision of the
court is that this is the only contract by
which the shipper is bound under the cir
cumstances, the cases are all on the same
footing