New York & Cuba Mail S. S. Co. v. Lamborn

(after stating the facts as above). The answer pleads an agreement to move the Manta to Matanzas and a breach. That defense wholly broke down on the trial, and if we were disposed to stand upon the pleadings the ease would be at an end. However, this suit is in the admiralty, and the variance between the defense as pleaded and that proved does not appear to us fatal. The charterers’ only possible excuse is that an owner, being advised that his charterer cannot load within the lay days, ought to grant his request to move the vessel elsewhere, so as to keep the loss as low as possible. This,…