M'Lauchlan. v. Rapp

Subject_1 Process Subject_2 Ship Subject_3 Conjunction Subject_4 Salvage — Two Claims in respect of Services on Same Occasion — Separate Actions against Shipowner.

Process — Procedure — Ship — Conjoined Actions — Tender and Acceptance — Tender by Common Defender — Acceptance by Each of the Pursuers — Cumulo Amount of Both Acceptances in Excess of Tender — Motion by Defender to be Dropped from Cause.

In conjoined actions by two pursuers claiming an award of salvage for services rendered on the same occasion, the common defender tendered a sum of £550. One pursuer lodged a minute Page: 258 ↓

A and B, pursuers in conjoined actions for salvage, agreed that a sum of £550, tendered by the common defender, was sufficient remuneration for their services, but accepted the tender in different proportions, viz., A for £500 and B for £550. In a proof A was found entitled to £500, and B to £50. Held ( per Lord Salvesen) that B was liable in the expenses of the proof to A.

On 26th March 1909 John Simpson Wilson, steam tug owner, Bo'ness, raised an action against Fritz Rapp, master of the steamship “Konigsau” of Flensburg, and as representing the ownership thereof in this country, concluding for payment of £1500 in name of salvage services. On 24th May 1909 John M'Lauchlan, hotelkeeper, Star Hotel, Aberdour, also raised an action against the same defender claiming £1500 as sole salvor of the “Konigsau” on the occasion in question. The circumstances sufficiently appear from the Lord Ordinary's opinion infra .