Drisko v. Barber S. S. Lines, Inc.

MACK, Circuit Judge.

The schooner Ella Pierce Thurlow was chartered for a lump sum to respondent for one voyage from Buenos Aires to New York, for a complete cargo of merchandise. Freight was payable one-half on signing of the bills of lading in Buenos Aires and the balance “on proper delivery of cargo at the port of discharge.” The libel is for an unpaid balance due for freight.

The vessel was “to be consigned to charterers or their agents under this charter, but to be free of any consignment commission.”

On arrival at Buenos Aires the master reported at once to the charterer and arranged with…