Hagar v. Elmslie

GRAY, Circuit Judge.

This is an appeal from the district court of the United States for the Eastern district of Pennsylvania in a cause of contract, civil and maritime. 101 Fed. 840. The action arose out of a charter party of the bark Banklands, of -which the appellee was the managing owner, and the appellants were the charterers,, for a voyage from Philadelphia and New York to Rio de Janeiro. Under that charter party the vessel loaded a general cargo, consisting of locomotives, car materials, case oil, resin, lumber, etc. The provisions relevant to the present case are the following:

“It is…