The Kimball
Supreme Court of the United States
The owner of the Kimball chartered her, in July, 1856, to a Boston firm, for a round voyage from New York to Melbourne, Calcutta, and Boston. The charter-party, in most of its provisions, was in the usual form. A portion of the charter-money was to be paid, and was paid, before or during the voyage; “balance,” the instrument proceeded, “ payable, one-half in live ' and one-half in ten days, after ,discharge of homeward cargo.”
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The owner of the Kimball chartered her, in July, 1856, to a Boston firm, for a round voyage from New York to Melbourne, Calcutta, and Boston. The charter-party, in most of its provisions, was in the usual form. A portion of the charter-money was to be paid, and was paid, before or during the voyage; “balance,” the instrument proceeded, “ payable, one-half in live ' and one-half in ten days, after ,discharge of homeward cargo.” The charter-party contained, also, a clause that the cargo should “ be received and delivered within reach of the ship’s tackles at the parts of lading and…
1Opinion of the CourtJustice Field
Two questions are presented for determination in this case : first, whether the lien of the owner of the ship upon the cargo for the freight was waived or displaced by the stipulations of the charter-party; and, second, whether the notes given for a portion of the charter-money constituted payment of the same.
It. is admitted that the lien of the owner of a ship upon its cargo for freight is favored by the courts; and will not be displaced, so long as the ship-owner retains possession of the cargo, except by express contract, or by stipulations in the charter-party inconsistent with its…
2Cited by80 opinions
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- Embrey v. JemisonSupreme Court of the United States · 1889
- A. Leschen & Sons Rope Co. v. Mayflower Gold Mining & Reduction Co.Court of Appeals for the Eighth Circuit · 1909
- Derby v. Worcester CountyCourt of Appeals for the First Circuit · 1900
- Alaska Packers Assn. v. PillsburySupreme Court of the United States · 1937
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