Compagnie Francaise De Navigation A Vapeur v. Bonnasse

AUGUSTUS N. HAND, District Judge.

This is a motion by the garnishee under a process of foreign attachment to vacate the decree in favor of libelant. It may be that the time charterer as such is not liable for general average, but as the carrier who issued the bills of lading I think the charterer is in the position of a bailee of the cargo, who had a remedy against the vessel for cargo damage, *204including the right to recover general average. Pendleton v. Benner Line, 246 U. S. 353, 38 S. Ct. 330, 62 L. Ed. 770. I cannot see how the right of such a charterer to recover upon a general average…