New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-07-03

MARINE CsURT-B-,.,- Jrts- PsLlirs

MARINE SSURT-B-f.f- Juis- PstLLirs
Si-k,ei Rsrp a. a. Loi--s soi Jols = S-h-,i-s
IA. action = brouc' - recover damage ior ire ie'
Ton 81 ihe bg- .oleo. az tAe pr' 81 Lagtna unutr ~,
foo-r ~ crruiIs tence- Oa til SIN o.; ooeoer las' H.
T fi-ni-zwsy IA. usrsr of the brg. cOIs@iaded with
the Defendants charter >srT ics NJ. ~ "len tHe JIG
Wa 20 Hise voyage f,cI New-forN 20 bssa'i 81
briu- ron thence cargo Il ogwooi 20 ms cur:
n running sy~ from the when II. captain t'i'eM re-
ION hrlsff ready receive the clr were a'o"'i 70
Dad the b-r Laeuna FOR each NJ every os d-
;entiof ~ 3. auf OF defutsu heF agent thirty sal
yer dsllnrs si,uld be paid TT each daF 70 me
Prior the -cEOn of the er,re' party u was
by tie captain svd ~ defendant. - vrether aena
wa por % eBtry and whether tie brg could lana mere
direct without proceeding GDy other port ior
At the defendants rrquestthe csssan prce bed Win IAn
70 The Office OF IN. Mexican CoFu. aud apon inquiry,
thev iniorn. By Consul. that there was no iir
pednsni 10 The brig proceeding ieci TO baguna am
loading there Upos this as-uran' me charter party wa
executed. The brig proceeded Lfguns. and arrived
there tie 18th OF November NE following day the
captain reported the brig the aset Of the Defendants a.
reacy receive when II WA GeeEtlned mar o!
zone rru alton OF the revenue laws VI the Mexican GOV.
eminent. Laguua had ceased 20 be port OF entry AMI
that The brig coud not take her car' until sue had 90
tanned The necessary papers from the Custom House The
defendants agent recommended the captain 10 20 70 era
Cruz ,r that purpose which he did whereby the plaintiff
claims that the vessel was detained ;weve days FOR which
"a ca dtnu1age. The master Assigned the charter
psrry to the plaintiff who brings the action
Judge PHILLIFsGhe only question IN thus case wncn
de- m Il uuorant 10 notice fully j.. upon whom does the
k fsl-the master or the freghiers The contract on
the par; OF the briefly that ne Will proceed with
vessel l4aguga. there receive cargo
Neu-York. The defendants that they Will furnish the
brg with cargo complete within twenty days after she
reported ready receive il al Laguna ara tor every
cav deav doing caused by their default they are 10
forfeit thry dollar per day The defendants insist that
the Custom House regulations which prevented the brig
f ondinp were no default OF theirs that the captain
from his better acquainted with the local re-
yulaoIs al the various poris anu mat ne therefore is
sumed the risk To- decide this question we must looA 10
the contract in writing The defendants agree to furnish
the cargo complete in twenty days without any reserya
;ou The question a. 10 whether any delay would De
caused hv lusOnHOEse rules was discussed anu hey
DID not wish 10 assume any risk that head they could
have protected themselves from Il by provision IN the
charter party IL the OF Barkervs. odgsoD Maue
>elwln rep. 90. where the freghter OF vessel was
prevented from furnishing cargo oy me Yuaranhe re-
auaiions during a pesilence, Lord Elenborough sald;
il not the irc.her the adventnrer who chaiks Out the
yoyage and IL furnish at all events the subject matter
out OF which the freight s TO accrue lhe question
bee is ON which side the burden j. TO fall. II indeed
the performance OF this covenant rad been rendered
unlawful by the Government OF TN, country, ths
contract would have been dissolved both sides ANA
this defendant, inasmuch as he had been compelled 70
abandon bis contract, would have been excused Tor te
ron.uerfornlance of it, and not liable 10 damages But II
In COusequen OI events which happened AZ ioreiSh
nor, The f-ecter is prevented from furnishing loading
there which be has contracted to furnish the contract Is
neither dissolved, II he excused for not performing H.
but must answer III damages. 80 when on an action py
reason OF the crowded state OF the London docks ship
detained there before she can be unloaded longer TINE
than allowed for that purpose by the terms oI me char
ter party the learned Judge said The question L.
vbeih the detention OF the ship arising from the inability
OF the London Dock Company 10 discharge her Is IN point
of Jaw imputable 10 the freigher and am OF opinion
tha, the person who hires vessel detains her az te
end of the stipulated time he does not restore her 20 me
owner lie Is responsible for all the various vclssiudes
which may prevent him from doing So : Cambell Nisi
Priu. o. 49, Randall vs. Lynch. Another principle APP
uicab.e 10 this case settled Medelros Vs. Ill., bnz
ham Rep. 23l Where party OF ms own contract
creates a duty charge upon hinlseli ne Is
bound 10 make it good il he may notwIths'and
Ing any accident by inevitable necessIy, because
lie might have provided agains; i by ms contract
From these authorities il clear that the RISK
is 10 be assumed by the defendants aud that they are
Liable for ali DELAY above the twenty days IN when was
stimulated that tie vessel should be loaded Upon the
minor questions a. whether the captain should not nave
gone 10 IA instead Vera Cruz. to enter his vessel
seems 10 be settled by the evidence OF the captain VINO
weais that the defendants agent decided on ihe Drg
pnp 20 en ruZ because would cost less u 20 there
than anywhere else The defendants concpd that hes
are not re- possible The three days that hc brig stayed
M Vera ruL Eor the time she was detained by adverse
ces aud ''uorher, for the I.e she remained AZ
acunn before sailing Vera Cruz. The only view can
fake @. ts question is that the time in which the brig
was TO be loaded commenced from the time when sle was
pored 10 the defendants agent ready to receive car
go-hai when she left for port Of entry she was Oh the
defendants business and all delays caused thereby are
10 them unless il be shown airnayey that
the delay was intentionally ami unnecessarily caused by
tie eaptan IL seems that eleven days over aid above
the twenty stipulated Tor consumed, for winch the
d.iendali. are liable. Judgment Tor piainh Tor $3.50
y III costs aud so allowance.