MURRELL STEAMSHIP COMPANY, LTD. v. NORDENFJELDSKE STEAMSHIP SERVICES, LTD.

(1940) 66 Ll.L.Rep. 77

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice MacKinnon and Lord Justice Clauson.

Charter-party - Discharging expenses - Plaintiffs' steamship chartered to load cargo of fruit in Spain to be discharged in London-"24. The cargo to be brought to and taken from alongside at merchant's risk and expense, and to be properly stowed and discharged by a regular stevedore appointed by charterers or their agents, at the risk and expense of the steamer. . . . 25. The steamer to be discharged in the customary manner and where ordered by the charterers or their agents. The charge not to exceed what other steamers pay (at London according to the tariff in force on the 1st January, 1935). . . . 26. Steamer to be cleared by charterers' agents at loading ports and also at port or ports of discharge. Any bonus or other usual pecuniary consideration allowed by stevedore and/or wharfinger or dock company in respect of the berthing of the vessel to belong to agents or charterers and owners to have no claim thereto" - Discharge effected by stevedores appointed by defendants, agents for charterers - Tariff rate for discharge by stevedores. 16s. per 100 packages - Custom for wharfingers to make allowance to stevedores of 1d. per package off published rate, that rebate being passed on to the charterers or their agents- Deduction by defendants of discharging expenses (based on full tariff rate) from freight due to plaintiffs-Contention by plaintiffs that deduction should be based on customary reduced charge -Claim by plaintiffs for balance- Construction of charter-party.