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Colonial Cases

The Essex v. Hogg Brothers, 1864

[shipping, charter]

Owners of the Essex v. Hogg Brothers

Consular Court, Shanghai
29 July 1864
Source: The North-China Herald, 6 August 1864

 

H.B.M. CONSULAR COURT.

Shanghai, 29th July, 1864.

Before SIR HARRY PARKES, K.C.B., H.B.M. Consul,

WM. BRAND, ALFRED E. ROSETHAL, Assessors.

THE OWNERS OF THE SHIP "ESSEX" versus HOGG BROTHERS.

The Claim in this case was for Tls. 5,630 balance of freight due.  The Defendants admitted and lodged in Court Tls. 3,988, and the only question which arose was whether the Defendants were entitled to a sum of Tls. 867.47 which they claimed as commission on the outward freight of the vessel.  There was a claim by Plaintiff of $300 for demurrage, but thus was not pressed.

The Court decided that, the charter-party considered Messrs. Hogg Bros., the agents for the outward charter of the ship, "provided they could do better for her, than the captain" whereas the present employment was obtained through the Captain.  Therefore defendants were not entitled to commission on that charter.

...

SUMMARY OF THE WEEK.

Another shipping case in which the owners of the Essex were plaintiffs and Hogg Bros. defendants, has been decided in favour of the former.  The Essex had been consigned to the latter who were also, according to the charter party, to act as agents in procuring her an outward cargo provided they could do better for her than the captain.  Better terms were however procured than were offered through Messrs. Hogg Bros., and the vessel was taken out of their hands.  In pursuance of the terms of the charter, the Consul disallowed their claim for commission.

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