Simonetti v. Foster

Nelson, D. J.

This is a libel to recover damages for refusing to load a vessel. The libellant is the owner of the Italian bark, Caterina S., and by a charter-party executed between the parties, December 3, 1878, in which she is described as of “619 tons, or thereabouts, register measurement,” let the bark to the respondents for a voyage from Boston to a port in the United Kingdom, or on the continent between Havre and Hamburg, both inclusive, for which the respondents agreed to pay a lump sum of ¿61,050 British sterling. The charter-party recited that the bark was then “in a Mediterranean…