Hine v. New York & Bermudez Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of tlie Uuited States for the Southern District of New York. This was a libel in admiralty hy Wilfred Hiñe and another against the New York & Bermudez Company to recover from the latter, as charterers of the steamship San Domingo, certain expenses incurred at a port of refuge, and charter hire for the period of detention therein. The district court dismissed the libel (68 Fed. 920), and libelants have appealed.
1Opinion of the Court
LACOMBE, Circuit Judge.
The libelants are owners of the steamship San Domingo. They engaged the firm of Bowring & Archibald, shipbrokers in New York City, to effect a time charter of their vessel. Negotiations ensued between this firm and W. n. Hurlbut & Co., representing the respondents, which resulted in a charter executed by Bowring & Archibald, agents for owners, and by the New York & Bermudez Company, through its president. The material parts of the charter party are as follows:
“The said agents agree to let, and the said charterers agree to hire, the said steamship for a trip of about two…
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