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

The Brynhilda arrived here on the 7th December. My first idea as the captain was desirous to discharge as rapidly as possible, was to send the coal ashore in boats and that the captain should send one of his officers ashore to see it weighed on shore. But the captain objected to this, and suggested that I should agree simply to an allowance of 1 per cent. I demurred to it at first because I did not consider it sufficient. It was eventually agreed that one per cent. should be accepted as regards the coal, and that it should not be weighed. As regards the coke there was no agreement. Nothing was said as to the price payable as 1 per cent. Nothing whatever was said about Cardiff price.

To the Court – Neither the word “cost” nor “price’’ was mentioned in conversation with the captain. If the captain had mentioned Cardiff price, I should at once have objected to it as the Cardiff price is a mere bagatelle, some 5s. 7½d. or 6s. per ton. It would have been simply ridiculous. We told the captain that the coke would be weighed on board; that was after he had refused to send people on shore to the weighing of the coal. He was willing to make the same arrangement about the coke as about the coal. I was not. Coke is uncertain. There is great trouble with it.

We have had experience of steamers coming from England and delivering coke short, and therefore I preferred to have it weighed on board to obviate any possible cause of dispute We have sold some of the steam coal at $14.50 per ton and sold some coke at $23.50.

Our shipping clerk, Mr. Henson, was instructed to make out a debit note at the market value in accordance with our invariable custom when consignees of cargo and agents of ships. When cargo is short, we as agents of ships have had to pay the market value. As consignees of coal we have previously received market value without the slightest discussion of the question by the captain.

After I had instructed Mr. Henson to charge the market value he came back to me and drew my attention to the clause in the charter party mentioning cost. As the captain had said that he had been to his lawyer, I instructed Mr. Henson on the strength of that clause to charge c.f.i. cost, and that is the reason the debit note was altered. It was done to prevent any possible legal dispute on the part of the captain. I consider myself always entitled to the market value. I still consider I am entitled to market value.