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

We have had deficits on coke, between 5 and 6 per cent. — not frequently because we have not had many cargoes — but certainly on one occasion. It was partly on that account that I was not surprised at the deficit in this instance. The former deficit was not a surprise to me because I have always heard and considered that it was a matter of uncertainty what coke would turn out. The deficit in this case could not be accounted for either by the captain or by me. I know that coke varies much in weight. It is like a sponge; if put on board damp it might shrink and decrease in weight during the voyage, and in that case, of course, it would be the duty of the captain to have a clause referring to it inserted in the charter party.

The shortage of 135 tons on the coal was larger than I expected. I concluded, however that as the weighing into the godown was rough and only for our satisfaction the shortage might be remedied in weighing out.

Did you or any one in your office check the figures of the Chinaman who reported the shortage of the coal and of the coke? – They were not checked by me, and as far as I know not by any European, because there was no weight in dispute. If the captain had said that he had delivered more than our Chinese reported we should have checked the weighing. But the captain's officers were in accordance with the Chinese, and consequently no checking was required.

Did the plaintiff ask you to have the coke re-weighed in your godown after this deficit became apparent? – He did ask that the coke should be re-weighed in our godown, but I pointed out that the coke had been already stowed and we could not re-weigh it. If there had been a dispute we might have done so. I knew that he was dissatisfied; all captains are when there is shortage. The coke would have been much deteriorated — to the extent of 2 or 3 per cent.; in fact reweighing would have been out of the question.

The tally-book from the ship can be produced, and also I think the book of the weighing into the godown. The actual cost price of the coal and coke in Cardiff, speaking roughly, would be about 5s. 7½d. and 15s. odd respectively. The plaintiff was always willing to pay the prime cost. We always claimed first the market value and then the c.f.i. cost. There was no question of withdrawing any claim when we once made it, as he told me he had already consulted his lawyer. He was always willing to pay the Cardiff cost, both of the coal and coke.

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