The Bencliff

BUFFINGTON, Circuit Judge.

This was a libel in personam filed by the owners of the steamship Bencliff, the appellee, to recover back from Samuel, the appellant, a bill for stevedore wages which the Ben-cliff had paid him under protest. The parties entered into a charter party, whereby the Bencliff was to proceed to Bilbao, Spain, and there load for Samuel a cargo of ore for delivery at any one of four United States ports he might specify. The charter provided:

“Charterer has the option of providing stevedores for discharging the cargo at port of discharge, steamer paying for the same at the…