202 F. 735 | 3rd Cir. | 1913
The libels in this case concern a dispute over two charter parties, wherein Joseph McCauldin, managing owner of the steamship Lassell, hired that vessel to the Philadelphia & Gulf Steamship Company. The original charter was from June 15, 1909, and its extension on December 28, 1909, was for six months. The charter hire not having been paid in full, McCauldin filed a libel in rem against a cargo of lumber aboard the Lassell to recover $2,-375, charter hire from March 28 to April 14, 1910. The defendant admitted the use of the vessel, but made, by cross-libel, a counterclaim for damages for breach of the charter party. On final hearing the court awarded plaintiff the full amount of the charter hire, $2,375, and also allowed defendant a reduction of $746.40 for extra coal consumed by reason of a reduction of allowable steam pressure made by the government inspectors, and $742.69 for expenses of delays caused by the stranding of the vessel at Tinicum Island. From a decree for the balance of $885.91, defendant appealed.
The second libel was in personam against the Philadelphia & Gulf Steamship Company to recover $4,607.98, an alleged balance of charter hire from April 14 to June 12, 1910, after allowing certain credits realized upon recharters. Defense was made to such second libel on the ground of a surrender of the vessel, alleged to be justified by plaintiff’s failure to maintain the Lassell as proyided by charter, and her failure to proceed with dispatch. The court below did not sustain such defense, and entered a decree in favor of libelant for $3,917.84, being the charter hire in full, $4,607.98, less $690.14 of allowances not here necessary to detail. From a decree for said balance of $3,-917.84, defendant appealed.
Without entering on all the minor questions raised, it suffices to say that on the broad question of the Lassell fulfilling the charter requirements we agree with the conclusion reached by the court below. It follows, therefore, that the cancellation of the charter was not justified.
The decrees below are affirmed.