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

Now, on that the question was : what was the meaning of the word “cost” in the charter party? Evidence was adduced to show that it meant cost, freight, and insurance, but he submitted that that evidence was not of a nature to commend itself to the intelligence of his Honour.

There was called first of all a young gentleman who described himself as a shipping clerk of a German firm, whereas there must be hundreds of merchants in Yokohama who were well acquainted with the term “cost” and who might have been called in lieu of the shipping clerk.

The second witness was Captain Efford, who had been a long time at sea and was he had no doubt very conversant with all matters relating to ships, but his evidence did not show that he was conversant with the nature of charter parties and bills of lading; therefore these two witnesses might be thrown aside as to the meaning of the word “cost.”

Counsel took the opportunity, however, when Mr. Leopold was in the witness-box, to ask whether he knew the meaning of the word c.f.i. and the witness construed them correctly as cost, freight and insurance.

The witness further admitted that those letters were frequently introduced into mercantile documents to show that the word “cost” meant cost, freight, and insurance, and Counsel then drew his attention to two documents, the account current and another account rendered to the plaintiff by the defendants in which the letters c.f.i. were introduced after the word “cost” to show what it meant in those documents.

Having called the attention of the Court to the answer to the petition in which use had been made of the same letters to show the construction of the word “cost.” Mr. Lowder said his point was that when it was intended that the word “cost” should be construed to mean cost, freight, and insurance it was usual to put in the letters c.f.i. as was proved by the defendants themselves in their account to the plaintiff. When therefore they found a charter party entered into and the word “cost” only mentioned and no mention of c.f.i.

Mr. Walford said the defendants had nothing to do with the charter party.