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Colonial Cases

Hormunjee and Sons v. Kahn and another, 1861

[admiralty]

Hormunjee and Sons v. Kahn and another

Supreme Court, Admiralty Side, India
Sausse C.J., 15 August 1861
Source: The Times of India, 16 August 1861

 

SUPREME COURT. - ADMIRALTY SIDE.

Thursday, 15th August, 1861.

(BEFORE SIR M.  R. SAUSSE, KT.

In the matter of the ship "Maria Gray."

Messrs. Pestonjee Hormunjee & Sons, petitioners,

vs.

 Mirza Ali Mahomed Khan and another, respondents.

   Mr. Anstey, instructed by Mr. Legget, appeared for the petitioners.

   Mr. Scoble, instructed by Messrs. Faithfull and Keir, for the respondent.

   Mr. Anstey moved, by consent of the parties, that the sum of Rs. 8779 paid into court by the respondent ion the filing of his plea in this matter, be paid by the Admiralty registrar to the petitioners, or their proctor, and that the petitioners' costs of this suit be paid by Mirza Ali Mahomed Khan Shoostry, the agent in Bombay of the Nizam of Hyderabad, the owner of the ship Maria Gray.

   The petitioners, Mr. Merwanjee Pestonjee and Mr. Manockjee Pestonjee, trading under the name and style of Messrs. Pestonjee Hormunjee Sons, acted for nearly a year, on trhe authority of Messrs. Robert Strong & Co., the former agents of the vessel, as Dubashes and continued to supply the commander with such necessaries, stores, wages for the men, medical attendance, &c., as were required for the purposes of the ship.  The money advanced and goods supplied in this manner amounted to about Rupees 12,500.  The agency of the ship was lately transferred by the Nizam of Hyderabad, from Messrs. Robert Strong & Co., to Mirza Ali Mahomed Khan Shoostry, who discharged the commander, Captain Henry T. Hamer, and appointed, in his stead, an Arab by name Hajee Foorhan.  Several demands accompanied with the necessary vouchers were made for the money upon the new agent by Messrs. Pestonjee Hormusjee Sons, but as they received no satisfactory answer, and as the vessel as ready to start for Bombay with pilgrims on board, the Court was moved in the matter in May last, and on the 10th of the month, Sir Joseph Arnould ordered a writ to issue for the arrest of the Maria Gray.  The respondent, four days subsequently, entered an appearance to the action in the office of the Registrar in Admiralty, and pleaded that the sum of Rs. 6779 was the only amount due by him to the plaintiffs.

   After a deal of further proceedings and correspondence between the solicitors on both sides, the respondent's solicitors gave a personal undertaking for the amount claimed, if ultimately found due to plaintiffs, and the attachment was withdrawn.  The matter was afterwards arranged privately, the plaintiffs recovering the full amount they claimed.  Hence the present application,  

   Mr. Scoble, on behalf of the respondent, consented to the motion being granted.

   The Chief Justice ordered, accordingly, as prayed.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School