SIR WILLIAM HENRY TURNER Vs. KILBURN AND CO

JUDGEMENT

(1.) The plaintiffs as owners of the S.S. Zingara Sue the defendant firm as charterers under a charter party dated 22 November, 1920, for damages for the detention of the vessel caused by the defendants failure to provide a cargo at the proper time. The charter party was for two consecutive voyages from Calcutta to a place called Dwarka on the Bombay side. The cargo is described in the charter party as "a full and complete cargo of coal in bulk,"

(2.) The detention complained of extended as regards the first voyage from 14 December 1920 to 13 January 1921, and as regards the second voyage from 8 March 1921 to 27th March 1921.

(3.) The defendants are managing agents of certain collieries and in November 1920, were arranging to supply two cargoes of coal to the Dwarka Cement Co. Ltd., beginning with a shipment early in December. The defendants having arranged to charter a steamer for the purpose it would appear that a Mr. Foster acting for the defendants saw a Mr. Cruickshank of Messrs. Graham & Co, about securing a vessel. It is said by the defendants that these two gentlemen were apprehensive of difficulties arising in the way of effecting shipment in time and that accordingly they arranged between them certain special clauses which are to be found in the charter party. The term3 of the eleventh clause and of the exception clause are here indicated particularly.