Matthias v. Beeche

THOMAS, District Judge.

In the'above actions, shipowners seek to recover a balance of unpaid charter hire, and the charterers libel *941the vessel for alleged nonfulfillment of the charter. The charterers pleaded false, but not fraudulent, representations respecting the speed of the vessel, which in fact preceded and are not embodied in the charter part)T, and are superseded by that instrument, in the absence of fraud or mutual mistake. This rule applies to usual contracts (Seitz v. Refrigerating Mach. Co., 141 U. S. 510, 12 Sup. Ct. 46, 35 L. Ed. 837 [see cases cited in the opinion]; De Witt v.…