The Hermitage
U.S. Circuit Court for the District of Southern New York
[Appeal from the district court of the United States for the Southern district of New York.) This was a libel in rem, filed in the district •court, by Robert Latta, as owner of the bark Hermitage, against the cargo of that vessel, ■to recover freight under a charter-party, entered into between the libellant and Messrs.
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[Appeal from the district court of the United States for the Southern district of New York.) This was a libel in rem, filed in the district •court, by Robert Latta, as owner of the bark Hermitage, against the cargo of that vessel, ■to recover freight under a charter-party, entered into between the libellant and Messrs. Abranches, Almeida & Co., merchants, for the employment of the vessel on a trading voyage from the port of New York to the west coast of Africa, and back to New York, with the privilege of continuing the voyage for a year. The owner engaged to keep the vessel well fitted, tight…
1Opinion of the Court
NELSON, Circuit Justice.
This case does not fall within that class of cases where nothing has been done under the charter of the vessel, that is, where no goods have been placed on board, and the voyage has not been entered upon; in which cases there can be no lien upon -the vessel or cargo under the charter-party. In such cases, whether the breach of the agreement is on the part of the owner or of the charterer, there can be no proceeding in rem against the vessel or the cargo, as no lien has attached for the benefit of either party. Here, the voyage had commenced, upon the very terms of the…
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