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By charter party, a shipmaster having become bound to transport a loading of tobacco from Virginia to Port Glasgow, and the merchant to pay a certain freight per tun; the ship in her return was wrecked on the coast of Ireland, but most of the cargo was saved and got upon shore, some of it much damnified. So soon as the freighter got notice of this disaster, he sent an agent to Ireland, who, upon paying salvage, got the goods delivered to him; some of them he shipped for Bristol, in order to be abandoned to the insurers, the remainder he carried straight to Glasgow. In a process for the freight, the Lords found, That the contract of affreightment was dissolved by the total loss of the ship, albeit some of the shipwrecked goods were saved out of the shipwreck; and that the freighters indorsing the bill of lading to the insurers did not subject the freighters to any freight for the goods recovered by the insurers; but found the merchant liable for the freight pro rata itineris of such of the goods as were brought to Glasgow, notwithstanding that part of the tobacco was found damnified and burnt there. See Appendix.
