New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-09-24
LAW INTELLIGENCE.
T. 8 CIRCUIT COURT-Before ChiefJustice NELSON
uEcIsInxs In ADMIRALTY on APPEAL.

William Beecher and Others vs. George Beck ell Others
This libel filed to recover compensation Tor the loss
and damage sustained by the of the brig BuenO
yeDto for the nonfulInent of charter party entered
into by the respondents The vessel, which was OF two
hundred and fifty uns burden chartered on the "a oil
October ls49 carry cargo of lumber and timber from
Charleston, s. C., to Barcelona Spain The owners en-
gagged that the whole of the vessel except the part
safy for the accommodation of the officers and the
stowege of sails cables and provisions should be at the
disposal of the charterers who agreed to furnish full
and complete cargo of lumber and timber for the voyage
and TO pay for the freight ell per thousand superficial feet
with FIVE per pTmage The cargo to be delivered
and received alongside of the vessel within reach OF her
tackles The charter TO commence when the vessel
ready receive the cargo at her place OF loading and
notice thereof given.
The vessel in pursuance Of the charter party arrived
the port of Charleston the 18th OF the month"; ready
receive her cargo and after having received board
considerable portion of H. the agent Of the shippers dev
ed for the purpose of being shipped on board two large
asts or spars-the twenty inches in diameter
ard the other twenty eight nches-round tmbers and 90
feet in length The lumber received through square
port in the forward pat of the ship called the bow port
and which could not receive timber OF the length and d
menns OF these spars the port being only twenty four
inches square, which would not receive timber OF the
length OF the pars exceeding twenty two inches in diam
ettr.
The port hole was of the usual size for vessels Of the
burden of the Buenovento. The master having waited
some 63 days in all for lumber and timber suited to the
size and capacity of the vessel and the agent OF the ship
pers refusing furnish other lumber till the spar were
taken board insisting that the port hole should be en-
arged so receive them landed the portion Of the
cargo board in pursuance OF orders from the owners IN
New York and left for another port in ballast. after full
notice to the AGENT OF his intention SO TO d. unless the
good deal Of evidence has been taken on both sides
upon the point whether not the port hole could have
been enlarged without injury to the strength and affecting
the worthnes of the vessel 1t is exceedingly doubt
full upon the evidence whether not the necessary atera
ton could be made without permanently disabling and
rendering her and the expense varies from
fifteen 10 three hundred doars according TO the estimate
of the Witnesses shall undertake 70 weigh this evil
dence either as il respects the question OF the practca
og .ta olfa - ID
meI the OWne uphn any just and proper CONSTRUCTION OF
the charter party neither bound TO make or TO sub
init TO- the required change The charter entered into
in this City and the vessel lay in this port at the time al
fordng the charerers opportunity TO make any exaIn
nation of her they might desire Her unnage specified
and the only covenants entered into IN respect 10 he cnar
acter and condition by the that she shall be
seaworthy that during the voyage she shall be kept
tight staunch well fitted tackled and provided with every
requisite and with and provisions necessary for the
voyage: and receive board the vessel all such law
full goods merchandise the chaerers may proper
TO ship-o be properly slowed by the ships other
suitable persons the Captain may employ at the vessels
expense the charterers agreeing TO furnish full and
complete cargo of lumber and timber.
agree if the owners had undertaken 10 convey from
Charleston 10 Barcelona given quantity Of lumber and
timber generally for specified price, that they would
have been bound to have furnished vessel which could
have received and shipped any description OF the article
mentioned which according 10 the usage and custom OF
the trade ordinarily shipped al that port Such would
have been the fair and reasonable import OF t.e contract
But here such contract has been entered into They
have simply chartered their vessel and have Stipulated
that the whole of it, with the exceptions stated shall be al
the sole and disposal of the eharres during the y9y
and that no goods or merchandise whatever shall be
laden board otherwise than from them or their agents
without their consent II is engagement therefore, on
the part of the owners that they viii convey from and
10 the ports mentioned given amount OF lumber or TIM
her for the price mentioned but that the vessel named
hall be EMPLOYED for the particular voyage in the convey
ance of this article Ii seems 10 me- therefore Clear una.
the undertaking of the chaeTers To iursh cargo
the port designated of such lumber was suitable 10 me
capacity and condition Of the ship and that 1t woai oe
carving the contract beyond the intent ana scope OF 70
consider il the same engagement TO convey gwen
Quantity of the article generally and without eSard 10
the means of the conveyance. 80.
some evidence has been given tending to show that
is not unusual to enlarge the port hole OF vessels EN-
Moved in the conveyance of lumber 10 enable them 70 re
ceie on board spars the size OF those delivered IN ns
case But the evidence is slight and does not approach
10 the establishment OF usage or custom "a Ius
esreciay not in the case Il charter party Ike the one
In question II may wei be- that the owners entering InIo
an engagement generally 10 convey gwen qusniy u
lumber and timber mig md It necessary 70 are ~ =
tealy the construction of their vessel 20 enable he 70
comrlv with the terms and conditions Of their otsaton
as under such charter they would be bound 70 carry "a!
description of the article within me usage ana Sus'o "
,ha trade Under such contract there would De NJ re
ference 10 any particular vessel or mode OF cow
But as in the present case, where particular snP "a.
been chartered for the conveyance OF cargo oil
the obligation is different the charteTers are ooaha 70 le
90 the espacy and condition Of the vessel E respect 70
the cargo TO be furnished ,.. .. :,
I agree that changes Of a temporary character a. u
resrecs the interior OF the vessel such As may DC
ard CUSTOMARY in the trade for the accommodation OF n
cargo NAV be proper and the duty OF the ownsTs o'
changes Ike the present affecting her safety AND sea
worthiness and thereby permanently nei
Il Sem. to me cannot be regarded falling within inc
contract and this even assuming that the question may
be matter of doubt whether the damage 10 the vessel DC
BE- not serious and permanent The contract N ny ~
meut does not impose upon the owners me hsLaru u 49,
Tnop The view therefore obliged 20 tske o. inc
case think tie decree belr~ erronecus ane sn'~' u"