The William Cook
District Court, S.D. New York
Libel in rem for Supplies. On the sixteenth day of May, 1877, the owners of the steam-boat William Cook, of this eity, chartered her to Josiah Pollock from June 2 to October 1, 1877, to be used in the excursion business on the Hudson river, the East river, and Long Island sound; the charterers to have possession, and to pay all expenses of manning and supplying her.
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Libel in rem for Supplies. On the sixteenth day of May, 1877, the owners of the steam-boat William Cook, of this eity, chartered her to Josiah Pollock from June 2 to October 1, 1877, to be used in the excursion business on the Hudson river, the East river, and Long Island sound; the charterers to have possession, and to pay all expenses of manning and supplying her. Pollock took possesion of the boat on the first day of June, and ttsed her only in excursions to Eockaway, obtaining coal from the libellant’s yard at Hoboken, New Jersey. The agent of the owners seeing her go to this yard,…
1Opinion of the Court
Brown, D. J.
The libellant is in this case precluded from alleging that the coal was furnished upon the credit of the vessel. The evi*920dence is clear and convincing that be had express notice, from the owners, of the charter-party and of its terms, and that neither they nor the vessel should be held for supplies, and that thereupon the libel-lant arranged specifically with Pollock, the charterer, for weekly payments. Upon such facts he could not lawfully charge the ship, and the coal must be held to have been supplied upon Pollock’s personal credit. Beinecke v. The Secret, 3 Fed. Rep. 665; The…
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