The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1915-09-15
INTERESTING CASE
DEVELOPS FROM AN
ACTION FOR LIBEL
LOCAL FIRM BRINGS SUIT TO
RECOVER AMOUNT SECURED
ABOVE INVOICE PRICE FOR
SALE OF A CARGO.

For the stated purpose of recover
ing the amount secured above the in
voice price for the sale of part
cargo of lumber, which was disposed
of in England, some time ago, the M.
A. Quina Export Company, a PEN
sacola exporting firm, yesterday
brought suit against the British
steamship Rose Lea, which had just
arrived in port, from gulf port, the
action ibelling the steamer in the
sum of So $500. The vessel gave bond
at once, and will be ready to go to
sea today as soon as a sufficient
quantity of bunker coal is in her
bunkers. The Rose Lea was steamed
under the coal chutes Immediately
upon arrival and coal was shunted
into her bunker space during the
night.
The bill of complaint, which was
/ filed in the United States court, re-
cites that in June of last year, the
libellant, which is the exporting COM
pany named above, entered into what
is known as a charter party with
the steamship Rose Lea. to transport
part cargo of pitch pine lumber to
Delfzyl, Holland, and a part cargo to
Aberdeen, Scotland, from Pensacola,
for 70 shillings, Sd per standard.
Three bills of lading were issued for
the parcel cargo to Del'zyl.
From Pensacola the steamer
steamed for Delfzyl, but instead of
proceeding to the port named, put
into Plymouth, an English port. The
destination of the steamer was the
port in Holland.
When the exporting firm in Pen
sacola learned that the steamer had
! put into the English port, the bill adj
ditionally recites, demand for the
surrender of the Delfzyl part cargo
was made, and it is asserted that the
steamship at first refused to give up
the cargo to agent of the libellant,
but later, after the bills Of lading had
been discussed, agreed to allow the
agent of the libellant to sell the
cargo upon condition that the pro-
ceeds be deposited in trust to await
the surrender of the bills of lading.
Later, the instrument further re-
cites, the cargo was sold by the ex-
| porting firms agent, the considera-
ton being given at about 494 pounds
sterling in excess of the invoke price
for the cargo. The full amount was
held in trust until the bills of lading
were surrendered.
When the shipping bills were given
up and demand made for the
amount realized from the sale Of the
| pitch pine cargo, the trustee of the
amount received, which was the
West England Mutual War Risks As.
ISOLATION, it was recited, paid to the
agent Of libellant only the original
invoiced price of said cargo, and re.
fused to pay the entire amount re.
ceived, which at the time represented
about $500. The excess, it is said
was paid over to the steamer, which
. has failed and refused to pay to the
Pensacola shippers.
4 The NJ. A. Quina Company main
tains that whatever was received fol
their property they say the car
go was theirs until disposed of-tha
they are entitled to whatever wa
| received for the same, and they asl
for the return of the sum as indi
Gated in the action, which they CLAIM
represents the price Of the cargo, AMI
to which has been added interes
from the date of the transfer of tn,
cargo, which was in September,
I year ago.