115 U.S. 353 (1885), Watts v. Camors
|Citation:||115 U.S. 353, 6 S.Ct. 91, 29 L.Ed. 406|
|Party Name:||WATTS v. CAMORS and another.  CAMORS and another v. WATTS.|
|Case Date:||November 16, 1885|
|Court:||United States Supreme Court|
Appeals from the Circuit Court of the United States for the Eastern District of Louisiana.
[6 S.Ct. 92] J. Ward Gurley, for Camors and another.
J. R. Beckwith, for Watts.
This was a libel in admiralty by a citizen of London, in the kingdom of Great Britain, owner of the steam-ship Highbury, against two citizens of New Orleans, in the state of Louisiana, upon a charter-party, the terms of which were as follows:
'This charter-party, made and concluded upon in the city of New Orleans, La., the seventh day of August, 1879, between A.
French & Co., agents for the owners of steam-ship Highbury, of the burden of 1,100 tons, or thereabouts, registered measurement, now due here between tenth and twentieth of September, of the first part, and J. B. Camors & Co., of the second part, witnesseth that the said party of the first part agrees in the freightening and chartering of the whole of the said vessel (with the exception of the cabin and necessary room for the crew and storage of provisions, sails, and cables) unto said party of the second part for a voyage from New Orleans to Havre, St. Nazaire, Antwerp, Bordeaux, or Bremen, orders on signing bills of lading, on the terms following: The said vessel shall be tight, staunch, strong, and in every way fitted for such a voyage, and receive on board during the aforesaid voyage the merchandise hereinafter mentioned. The said party of the second part doth engage to provide and furnish to the said vessel a full and complete cargo, say about 11,500 quarters of wheat in bulk, and pay to the said party of the first part, or agent, for the use of the said vessel during the voyage aforesaid, seven shillings and six pence per quarter of 480 pounds weight delivered in full, payable in cash on right delivery of the cargo. It is agreed that the lay days for loading and discharging shall be as follows, (if not sooner dispatched:) commencing from the time the vessel is ready to receive or discharge cargo, fifteen running days, (Sundays excepted) for loading and discharging, lay days to commence when the captain reports the vessel is ready for cargo; and that for each and every day's detention by default of said party of the second part, or agent, fifty pounds sterling per day, day by day, shall be paid by said party of the second part, or agent, to the said party of the first part, or agent. The cargo or cargoes to be received and delivered within the fifteen days above specified, the dangers of the sea and navigation of every nature and kind always mutually excepted.
'To the true and faithful performance of all and every of the foregoing agreements we, the said parties, do hereby bind ourselves, our heirs, executors, administrators, and assings; and also the said vessel, freight, tackle, and appurtenances, and the
merchandise to be laden on board, each to the other, in the penal sum of estimated amount of freight.'
The district court dismissed the libel, and the libelant appealed to the circuit court, which found the following facts: The charter-party was executed at New Orleans on August 7, 1879, by the libelant, through his agents, A. B. French & Co., and by the respondents. The libelant complied in all things with his contract. The Highbury arrived at the port of New Orleans on or before September 11th. On that day, she being in that port and ready to receive cargo, her master, notified that fact to the respondents, tendered her to them, and demanded of them a full cargo of wheat in bulk, according to the terms of the charter-party. On the next day, the respondents in writing refused [6 S.Ct. 93] to accept the ship or to furnish the cargo, for the reason that her tonnage was greater than that expressed in the charter-party. Thereafter, during the lay days, various negotiations were pending between the parties, until September 30th, when the master caused public protest to be made before a notary and witnesses of the respondents' refusal. On October 19th the master obtained at the same port a full cargo of cotton and oil-cake, the freight of which exceeded in value by $532.10 that of the cargo of wheat which the respondents had contracted to furnish. The actual tonnage of the Highbury...
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