Southard v. Bennett, Day & Co.

HOUGH, Circuit» Judge

(after slating the facts as above). Argument for appellant asserts that the charter party gave tho vessel a lien for freight. Such lien “generally is favored by the courts” (The Kimball, 3 Wall. 37-42, 18 L. Ed. 50), and the usual charier party engagement clause here used, and quoted above, although in itself a mere penalty (Watts v. Camors, 115 U. S. 353, 6 Sup. Ct. 91, 29 L. Ed. 406), is evidence that the creation of a lien to enforce the provisions of the charter party -was present in tho minds of the parties when they signed agreement (The Kimball, supra, at page 44).…