The Donald

Citations

• 115 F. 744
• 1902 U.S. Dist. LEXIS 243

Syllabus

<p>1. Shipping — Charter—Default in Payment op Hire.</p> <p>A charterer, who takes a vessel for a voyage upon an agreement simply to assume a payment of charter hire for which a former time charterer was then in default, is not bound by the terms of the time charter, and, in the absence of any demand by the owner for payment of hire in advance, is not in default for nonpayment before the arrival of the vessel, so as to justify the owner in refusing to comply with the terms of his agreement.</p> <p>2. Same — Right to Change Port op Discharge — Breach.</p> <p>The charterer of a vessel, who is also owner of her cargo, has the right, in the absence of outstanding bills of lading, to change her port of destination, and the vessel is liable in rem for a breach of an agreement on the part of the owner to make such change.</p> <p>8. Same.</p> <p>Evidence considered, and held to establish a contract between the charterer and owner of a ship by which her destination was to be changed en route, and she was to take her cargo to a different port from that originally contemplated, which agreement was broken by the owner.</p> <p>4. Same.</p> <p>The fact that, at the time of the chartering of a ship by the owner to libelant for a voyage, she was technically under a time charter to another, did not preclude the owner from making an agreement with libel-ant to change the port of discharge, where, by reason of default in the payment of hire, the owner had the right to declare the time charter forfeited, and it was in fact so treated by all the parties, and where it moreover appeared that the time charterer assented to the change.</p>