Locke v. Swan
Massachusetts Supreme Judicial Court
This was an action of covenant broken, brought upon a charter-party, bearing date the 4th of February, 1812, by which the plaintiff let to freight to the defendant the brig Federal, and appurtenances, for a voyage to be made by the defendant “from Boston to the coast of Africa, and *back to the United States, where she was to be discharged ”; and covenanted, among other ■ things, that the defendant or his agents might lade on board the said brig, “ as well at Africa as at…
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This was an action of covenant broken, brought upon a charter-party, bearing date the 4th of February, 1812, by which the plaintiff let to freight to the defendant the brig Federal, and appurtenances, for a voyage to be made by the defendant “from Boston to the coast of Africa, and *back to the United States, where she was to be discharged ”; and covenanted, among other ■ things, that the defendant or his agents might lade on board the said brig, “ as well at Africa as at Boston,” any goods they should think proper, contraband goods excepted. The defendant covenanted to pay, for the freight…
1Opinion of the CourtParker, C. J.
Upon the *69covenants in this charter-party, taken strictly according to the true import and meaning of the words, and without regard to the marine law, the plaintiff would be entitled to recover for the hire of his vessel down to the time of her capture ; for, until that time, she was, in the words of the covenant, in the employment of the defendant. The stipulation, that the hire was to be paid in thirty days after her arrival at her port of discharge, would be construed to limit the time of payment only ; but would not operate to render it contingent whether any thing should be due or not.…
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