Linea Sud-Americana, Inc. v. 7,295.40 Tons of Linseed

L. HAND, Circuit Judge.

This is a suit for freight earned by a ship; it is based upon the performance of the contract of carriage, and the defense is that the carrier did not perform. The facts are as follows. The Compañía Española de Navegación Marítima, S. A., was a Spanish corporation, the owner of the ship, “Motomar,” which it had chartered to the libellant, an American corporation. The libellant had engaged by bill of lading, “freight payable at destination”, to carry a cargo of linseed for the respondent by the “Motomar” from Buenos Aires to New York. While on the high seas on December…