Volume Eleven - Pre-Victorian to the Present Day - some more aspects - A Dispute at Yokohama -  1889 . . .

3. The Brynhilda duly proceeded to the port of Cardiff, where on the 8th and on the 13th days of June, 1888, the master signed bills of lading for 1,608 tons of steam coal and 549 tons by 6 cwt. of coke respectively the same to be delivered to the order of the defendants at Yokohama, freight to be paid and all other conditions as per charter party.

4. The Brynhilda duly arrived at the port of Yokohama and delivered to the defendants the whole of the coke and coal that was shipped on board her at Cardiff, whereupon the plaintiff became entitled to receive the sum of £620 or $3,928.71 less one per cent. of the cost of the quantity of coal stated in the bill of lading as agreed upon by the plaintiff and the defendants to have been short delivered.

5. The defendants refused to pay to the plaintiff the said sum, but paid him in lieu thereof the sum of $3,191.05.

The plaintiff therefore prays:-

1. That the defendants may be ordered to pay to the plaintiff the sum of $3,928.71 less one per cent of the cost of the quantity of coal stated in the bill of lading to have been shipped on board the Brynhilda and less the sum of $3,191.05 paid to the plaintiff.

2. That the defendants be ordered to pay the costs of this action.

3. That the plaintiff may have such further or other relief as the nature of his case may require and as to this Honourable Court may seem fit.

The answer was as follows:–

1. The defendants admit that by agreement, between the plaintiff and themselves the quantity of coal delivered short under the bill of lading for 1,608 tons of steam coal was stated at 16 tons.

But with reference to the charter party and bills of lading mentioned in the petition, they crave leave for greater certainty to refer to those documents respectively when produced to the Court.