Cornwall v. J. J. Moore & Co.

DE HAVEN, District Judge.

This is a libel in personam to recover damages from the defendant, a corporation, for the alleged breach of a charter party by the terms of which the defendant chartered the whole of the ship Spartan, “with the exception of the cabin and necessary room for the crew and the stowage of provisions, sails, and cables,” for a voyage from San Francisco to Australia; the defendant agreeing to provide and furnish the said vessel with “a full and complete cargo of Grain, Lumber and/or other lawful merchan*647dise.” The charter party contains the following, among other, provisions :