62 F. 486 | 2d Cir. | 1894
By the terms of the charter party, the whole cargo capacity of the steamship, and the services of her officers and crew, belonged to the libelant for the specified voyage. If it had been intended to reserve to the shipowner any part of the vessel for the purpose of carrying cargo, that intention would doubtless have been expressed in the contract, but instead the charter party was for “the whole of the vessel.” Under such a contract the master had no right, without the permission of the libelant, express or implied, to use the vessel upon any part of the voyage for carrying cargo for third persons. Having done so, however, and earned freight thereby, the libelant, if he saw fit to adopt the
The decree should be modified accordingly, and the cause remitted, with instruction to the court below to decree for the reduced amonnt. with interest and costs of the district court; the appellant to have costs of this appeal. Ordered accordingly.