John B. Hohenstein, Jr., D/B/A Hohenstein Shipping Company v. S. M. H. Trading Corporation

JOHN R. BROWN, Chief Judge:

To the libel of the Shipper, 1 claiming breach of a stevedoring contract to load 5704 net tons of cast iron pipe at Savannah, Georgia, for delivery to Puerto Rico, the Stevedore 2 was held liable for failing to load 1300 short tons, approximately 28% of the cargo list.

Since it is uncontradicted that the Stevedore efficiently stowed the cargo and the cargo shut-out was due to insufficient cubic capacity of the oceangoing barge, the Stevedore urges that it is, in effect, being held liable as a guarantor of the capacity of the tendered vessel. Because that undertaking…