Inverness Railway & Coal Co. v. Jones et al.

Inverness Railway & Coal Co. v. Jones et al.

Majority held the coal supplied in Montreal was not for the ship's "last voyage" within art. 2383(5) (each Atlantic crossing was a separate voyage or "last voyage" must end in Quebec), and art. 2391 does not render the ship liable for hirers' personal debts; therefore no privilege attached to the ship and the saisie-arrêt/seizure could not be sustained against the owners.

Citation
(1908) 40 SCR 45
Parties
Appellant/plaintiff: Inverness Railway & Coal Co.; Respondent/defendant (owner): Sir Alfred Lewis Jones; Respondent/defendant (owner): William John Davey
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 March 1908
Procedural Posture
Civil Appeal (maritime) / Appeal to the Supreme Court of Canada From the Court of King's Bench, Quebec (appeal Side)
Outcome
Appeal dismissed; judgment of the Court of King's Bench (appeal side) affirmed (majority).
Legal Topics
Maritime Lien, Dernier Équipeur, Charter Party Interpretation, Attachment/saisie Arrêt, Statutory Construction
Source Language
English
Maritime Law Civil Procedure Property Law Transportation Maritime Lien Dernier Équipeur Charter Party Interpretation Attachment/saisie Arrêt +1 more

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Parties

Inverness Railway & Coal Co.

Appellant/plaintiff

Sir Alfred Lewis Jones

Respondent/defendant (owner)

William John Davey

Respondent/defendant (owner)

Procedural Posture

Civil Appeal (maritime) / Appeal to the Supreme Court of Canada From the Court of King's Bench, Quebec (appeal Side)

Legal Issues

  1. 1 Meaning of "last voyage" in art. 2383 C.C.
  2. 2 Whether supplier (dernier équipeur) has privilege/lien on ship for supplies furnished in port
  3. 3 Whether article 2391 C.C. renders the ship liable for personal debts of hirers

Ratio Decidendi

Majority held the coal supplied in Montreal was not for the ship's "last voyage" within art. 2383(5) (each Atlantic crossing was a separate voyage or "last voyage" must end in Quebec), and art. 2391 does not render the ship liable for hirers' personal debts; therefore no privilege attached to the ship and the saisie-arrêt/seizure could not be sustained against the owners.

Court Disposition

Appeal dismissed; judgment of the Court of King's Bench (appeal side) affirmed (majority).

Orders

  • Appeal dismissed
  • Judgment of the Court of King's Bench affirmed