"PORTOFINO" (OWNERS) v. BERLIN DERUNAPTHA.

(1933) 47 Ll L Rep 165

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Charter-party-Demurrage-Vessel to load lubricating oil and/or fuel oil and/or mazout and/or gas oil and/or solar oil -Notice of readiness given-Inspection of vessel by charterers' agents - Captain informed by charterers that vessel was to load kerosene and that vessel was unfit for carriage of kerosene -Refusal by captain to load kerosene - Repairs effected by captain - Subsequent agreement by charterers to load heavy oil provided captain renounced claims for demurrage and paid inspection expenses, &c. -Consideration - Finding of umpire that vessel was seaworthy when notice of readiness was given; that the charterers were not entitled to load kerosene under the charter-party; that the charterers were not entitled to claim that the vessel should be fit for the carriage of kerosene; that the defects complained of by the charterers were matters of small moment and did not in any way affect the fitness of the vessel to load; and that the document signed by the captain in which he renounced demurrage claims, &c., was obtained under circumstances which amounted to compulsion, and that the charterers were at the time in default under the charter-party and there was no consideration for any promise made by the captain in that document