LAW REPORTS

Dominion, Volume 9, Issue 2637, 7 December 1915, Page 9

LAW REPORTS

SUPREME COORT

THE STAR OP CANADA WRECK

SALVAGE CLAIM

A sequel.to the wreck of the Star of Canada near Gisboriie some few years ago was an action in the Supreme Court before His Honour Mr. Justice Hosting yesterday, when James J. Niven r P? m P ally ' Ltd., of Napier, sued the Salvage Association, Ltd., of London, to recover remuneration for salvage .operations, and damages for alleged breach of agreement. Sir John Findlay; K.C., with him Mr. D. R, tloggard, appeared for the plaintiffs, while. Mr. 0. P. Skerrett, K.C.. witli him Mr. W. C. Sproule, of Napier, appeared for tho defendant association. Aiven and Company's claim is based loio 0 ' e^6rs addressed in August, 1912, to the defendant association, through Williams and Kettle, and on a letter of acceptance addressed to Niven and Co. on August 13, 1912. The result of these letters was that Niven and Co. should' salve as much as possible of .the . plant, gear, and material from the Star of Canada, on the basis of 50 per cent, of the fair valuation of such gear. Niven and Co. duly carried out salvage operations, but ha-d been triable to induce-the defend-' ant association to nccopt delivery of all the material landed or to effect a setl- - On this account'.,Niven and Co. now .claimed the sum .of £7097 18s. 3d., being 50 per cent, of the estimated value of the salvage, and further claimed £1700 damages for alleged breach of agreement.'. Alternatively, Niven -and Co. asked that the Court should order n. 'valuation of the salvage, and give judgment on such valuation, together H'lth damages. By way of defence, the Salvage Association, of London, said that the contract between the parties did not, contemplate any valuation, and that, if a 'Contract were made, Niven and Co. had waived the stipulation as to valuation in .favour of a subsequent agreement that portion of the material shipped to' lingl&nd should be sold there on joint account, the residue being left in-the hands of Niven and Co. to be disposed or to the • best advantage oil joint ao count. Tho defendant association was P r . e P a „ re d to pay into Court the sum of £4000, which it was* claimed was adequate remuneration for the services rendered'by Niven and Co. Sir John Findlay, in his opening addrcss, said that the three main questions at issue were: (1) The true interpretation of tho contract .contained in the .letters set out in the statementof claim; (2) whether or not: the parties agreed upon a valuation of the salved material under contract; and (3) whether'or not. the plaintiffs agreed to the variation of the contract as alleged by the defonce.. .

Evidence js being called, , and the case had not' concluded when the Court adjourned last evening.