Page:Federal Reporter, 1st Series, Volume 6.djvu/545

 THE TESTA. 533 �such voyage, and should receive on board the merchandise mentioned. It was also provided that, should the vesBei noi be at Boston on or before January 15,1880, the charterer was to have the option of canceling the charter-party. The lay days were to commence when the vessel was ready and pre- pared to load bulk grain, and written notice thereof given to the charterer. The Vesta arrived in Boston about January Ist, and, having been prepared to load bulk grain, themaster, on January 15th, gave written notice to the respondent that she was then ready to receive her cargo, and the lay days would begin to run on the 16th. The respondent at that time owned a cargo of wheat in the elevator at East Boston, which he desired to ship to Europe, and the bark was taken round to the elevator wharf to receive the wheat in bulk. Before proceeding to load, the respondent attempted to pro- cure insuranee on the cargo of wheat, but the risk was de- clined by iall the companies to whom he made application; the reason for the refusai assigned by the underwriters being that the vessel was old and built of soft wood. The respond- ent then declined to load the vessel, claiming she was unsea- worthy and not fit to perform the voyage. The question' to be decided is whether, under the circumstances of the case^ he was justified in so doing. �The rul© of law applicable to the case seems to be well settled. The obligation of the libellant under this charter- party was to supply a vessel reasonably fit to carry for this particular voyage a reasonable cargo of any of the kinds of merchandise stipulated for. The charterer was entitled to have the vessel in a reasonable condition for the oarriage of wheat in bulk across the Atlantic ocean in the winter months, and if she was not in such a condition he was not bound to load her. Stanton v. Richardson, 7 L. E. C. C. P. 421; S. C. 9 L. R. C. C. P. 390; S. C. 33 L. T. 193. �Shipmasters of great experience were called on both sides to give their opinion as to the fitness of the vessel for the voyage. The circumstances of the case seem to confirm the opinions of those called by the respondent, who prqnounced the Vesta unfit to carry wheat in bulk across the Atlantic ��� �