Rustad v. Four Hundred & Fifty-seven Bags of Coffee
District Court, E.D. New York
In Admiralty. Libel for balance of charter money. Libelant was the master of the steamship Albeit Dumois, and libeled 457 bags of coffee, 110 bales of deerskins, 151 bales of rubber, and 400 bales of hides, for the amount due under the charter party of the vessel, dated August 5, 1890, by which she was chartered to XI.
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In Admiralty. Libel for balance of charter money. Libelant was the master of the steamship Albeit Dumois, and libeled 457 bags of coffee, 110 bales of deerskins, 151 bales of rubber, and 400 bales of hides, for the amount due under the charter party of the vessel, dated August 5, 1890, by which she was chartered to XI. Dumois & Co. H. Dumois & Co. subchartered the steamer to the Central American & Honduras Steamship Company, under a charier party similar in its terms to the original charter party. The charter party contained a clause giving th® owners a, lien “upon all cargoes and upon all…
1Opinion of the Court
BENEDICT, District Judge.
The charter party shows that it was the intention of the parties to confer upon the charterer's authority to flx the freight to be paid by cargo that might be shipped under bills of lading. The cargo in question was shipped under bills of lading signed by the purser, by which the freight to be paid on each shipment was fixed. These bills of lading were authorized *530contracts which., as between the shipper and the ship, fix the freight to be paid by each shipment, notwithstanding that provision is made in the charter party for a shipowner’s lien for the charter money. By…
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