A SERIOUS SHORTAGE CASE.
Kicking Against The Payment For Corn Not Found In The Cargo.
Yesterday the case of McKay vs. McBean was heard before Judge Price in chambers. It was an action brought by R.O. McKay, of Hamilton, against A.G. McBean, of Toronto, for $116.76, the deductions made on a cargo of grain delivered at the Kington & Montreal Forwarding company's wharf from Detroit. The captain signed a bill of lading calling for 17,998 bushels of corn. When delivered only 17,768 bushels of corn were realized. The captain was charged with the shortage at 48 cents per bushel, under a clause in the bill of lading which made the craft responsible for shortages. The owner claimed that the shortage clause was not binding. The judge reserved his decision. In connection with the above case gentlemen interested in shipping recall the decision of a U.S. judge at Buffalo in the case of the schr. Law, the owners of which sued for the residue of freight, the rate on 496 bushels of a shortage having been deducted. The judge held that the cast-iron bill of lading usually signed was one-sided and could not be considered binding, and ordered the payment of the full freight. If it were proven that the amount of the cargo received was delivered then the captains could not be compelled to pay for that he never had.
p.8 Incidents Of The Day - The marine community expresses satisfaction at the manner in which the Whig showed up the attempt, on the part of the marine association, to place crafts in tow, in the hands of unskillful men. "Every word of the article," said a life-long captain, "was solid sense."
Surrendering the Pier - An adjourned meeting of the Portsmouth council was held last evening, at which the advisability of surrendering the Portsmouth pier to the Government was discussed. It was finally agreed to pass a by-law to that effect.