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

2. The said agreement had no reference to the bill of lading for 549 tons 6 cwt. of coke and a quantity of coke amounting to 373 tons was delivered short of the quantity stated in the said bill of lading.

3. On or about the 4th day of December instant an account was presented by the defendants to the plaintiff, in which the plaintiff was debited with the cost of 16 tons of coal and 371 tons of coke as having been short delivered.

The defendants paid to the plaintiff the balance appearing to be due on the said account, namely the sum of $2,522.29, and the plaintiff received the said balance and admitted all the items in the said account to be correct except in so far as charges for freight and insurance were included in the cost of the said coal and the said coke.

4. Under the said charter party and bill of lading the defendants were entitled to deduct in account current with the plaintiff the market value in Yokohama - or if not the market value at least the full cost - of the said coal and coke so short delivered as aforesaid.

And further in answer to the said petition and alternatively and by way of set off they say as follows:-

5. By reason of the premises the defendants have lost the value of the said 16 tons of steam coal, namely the sum of $232 and also the value of the said 37¼ tons of coke, namely the sum of $857, making a total loss of $1,089.

6. The c.f.i. cost of the 16 tons of coal short delivered was $177.42, and the c.f.i. cost of the 37¼ tons of coke short delivered was $560.24, making a total c.f.i. cost of $737.66 without including charges incurred by the defendants for stamps and brokerage and commission.

7. The defendants claim to set off the total c.f.i. cost of $737.66, and if that shall be insufficient the total loss of $1,089 or such part thereof as may be necessary against the plaintiff's claim.

So far as the plaintiff was concerned, counsel went on to say, there were two questions arising from these pleadings, the first with regard to the coal and the second with reference to the coke.