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

The cargo to San Francisco was weighed, and it turned out over the bill of lading. I have carried cargoes of coal in other ships. I have had command since 1871. I have never paid for loss on short delivery. in Hong Kong I allowed 1½ per cent, for loss. This was not weighed. The only coal cargo I remember delivering by weight except the one in 'Frisco was one to Buenos Ayres. That turned out correct. That was a sailing ship.

The measurement by draft might be affected by state of ship's bottom but not to the extent of 172 tons. My ship was just out of dock before loading at Cardiff. On 4th December I received an account-current from Mr. Walter. The two items I object to are allowance on 16 tons coal, $177.42, and cost 37½ tons coke $560.24. The rest of the account is correct. I received the amount shown as due me, $2,522.29. I objected to the two items before the account was shown me.

I made the objection to Mr. Walter. His clerk presented a bill to me for short coke, and I saw Mr. Walter after that. I objected to be charged $23.50 for coke, and also on other grounds. When I saw Mr. Walter I objected to his adding cost of freight on the coal and coke. At that time I would have been willing to pay prime cost of coke to avoid trouble. Then they presented me with another bill in which the coke was charged $15.04 a ton. I objected to that too, because it included freight and insurance. Then I got the account current I have referred to (marked D), and I then said I would take what they paid me and sue for the balance, that is for the amount they had charged me for freight and insurance. I accepted the account as correct in every other respect.

It was the day after I arrived that I saw Mr. Walter and agreed as to paying for 16 tons; that was 8th November. I can’t say if Mr. Walter mentioned Cardiff price. I know I did. I distinctly said I would pay for 16 tons coal at Cardiff price and not to affect the freight. I thought Cardiff price the natural price for me to pay. I thought that was what was meant by cost in charter party. I asked Mr. Walter twice if there was any necessity for us to have an agreement in writing to that effect. He said no. I took his word for it. I objected to the account on the ground that under the charter party they could not deduct freight and insurance. I based my claim on the charter party, and nothing else that I am aware of.