Definify.com

Webster 1913 Edition


Bottomry

Bot′tom-ry

,
Noun.
[From 1st
Bottom
in sense 8: cf. D.
bodemerij
. Cf.
Bummery
.]
(Mar. Law)
A contract in the nature of a mortgage, by which the owner of a ship, or the master as his agent, hypothecates and binds the ship (and sometimes the accruing freight) as security for the repayment of money advanced or lent for the use of the ship, if she terminates her voyage successfully. If the ship is lost by perils of the sea, the lender loses the money; but if the ship arrives safe, he is to receive the money lent, with the interest or premium stipulated, although it may, and usually does, exceed the legal rate of interest. See
Hypothecation
.

Webster 1828 Edition


Bottomry

BOT'TOMRY

,
Noun.
[from bottom.] The act of borrowing money, and pledging the keel or bottom of the ship, that is, the ship itself, as security for the repayment of the money. The contract of bottomry is in the nature of a mortgage; the owner of a ship borrowing money to enable him to carry on a voyage, and pledging the ship as security for the money. If the ship is lost,the lender loses the money; but if the ship arrives safe, he is to receive the money lent, with the interest or premium stipulated, although it may exceed the legal rate of interest. The tackle of the ship also is answerable for the debt, as well as the person of the borrower. When a loan is made upon the goods shipped, the borrower is said to take up money at respondentia, as he is bound personally to answer the contract.

Definition 2024


bottomry

bottomry

English

Noun

bottomry (plural bottomries)

  1. (nautical) An early form of maritime contract in which owner of a ship could borrow money using the ship as collateral.
    • 1996, Susan Hodges, Law Of Marine Insurance, page 19,
      Section 10 states that, ‘The lender of money on bottomry and respondentia has an insurable interest in respect of the loan’. A lender on ‘bottomry’ is, as its name suggests, a person who advances money to a shipowner on the security of (the bottom [of]) the ship.
    • 1999 [1880], John Bouvier, Daniel A. Gleason, Institutes of American Law, Volume 1, New Edition, page 309,
      There is much resemblance between bottomry and insurance. In one, the lender takes the risks, and in the other, the insurer. [] If these contracts resemble each other, there are also many differences between them. In bottomry, the lender actually furnishes a certain sum of money; in insurance, the insurer furnishes nothing; on the contrary, he receives a premium, which is frequently paid to him at the time of the agreement, but which when it is not paid in cash is a claim which he may assign, or for which he may procure a guaranty.
    • 2005, Paul Arthur Van Dyke, The Canton Trade: Life And Enterprise on the China Coast, 1700-1845, footnote, page 225,
      25. The supercargo Colin Campbell, for example, mentioned in 1732 that the first Dutch supercargo Schultz was secretly investing in the bottomry market.

Translations

See also