Compagnie Generale Transatlantique v. Hoguet
District Court, S.D. New York
In Admiralty. The above libel was filed by the owners of the French steam-ship L’Amerique to recover $1,911.90, claimed as a general average charge assessed upon 16 hales of raw silk, part of her cargo consigned to the respondents.
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In Admiralty. The above libel was filed by the owners of the French steam-ship L’Amerique to recover $1,911.90, claimed as a general average charge assessed upon 16 hales of raw silk, part of her cargo consigned to the respondents. The steam-ship, being of about 3,000 tons register, and bound from Havre to New York, when about three miles south of Sandy Hook, and in charge of a pilot, on January 7, 1877, stranded on the beach at Seabrighl, on the Jersey coast, in thick weather, and in an easterly gale. On the following day Mr. De Bebinn, the libelant’s agent in New York, visited the steamer,…
1Opinion of the CourtBrown, J.
1. On behalf of the libelants it is claimed that, irrespective of any question as to the legal correctness of the mode of apportionment, the respondents are liable under the terms of the bond; because, as it is said, the apportionment was made by “Mr. Paulison, in accordance with the established usage and laws of this state in similar cases,” as the bond required. No doubt, where the language of a contract stipulates for per*837form anee according to a specific custom, that custom, if valid, will control, though the general law he different; for the express contract makes the law in snch a case.…
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