Page:Federal Reporter, 1st Series, Volume 6.djvu/546

 534 FEDEEAL BEPOKTER. �in the winter moiiths. Wheat in bulk is one of tha most dangerous kinds of cargo a vessel oan oarry, owing to its lia- bility to shift in heavy weather, and to choke the pumps. The VeSta was built of soft Norway pine. The voyage waa to be in the months when storms are the most frequent and severe. She was rejected by the underwriters as an unsafe risk, and on this account was useless to the charterer for the purpose for which she was chartered. In the export grain business wheat is usually sold to arrive. Bills are drawn against the cargo upon the consignees abroad, payable in London, to which are attached the bill of lading, the certia- cate of loading, and the insurance certificate. Upon this security advances are obtained upon tho cargo. Without the insurance certificate the bills would be of no value for thia purpose, and the exporter would be deprived of his advance, which is &ne of the necessities of the buaimess. The charterer would certainly have acted more wisely if he had insisted upon a stipulation in the contraot that the vessel should be a good sea risk for the merchiandise speciued as cargo. But the impressive fact remains that no insurance eompany could. be found, after reasonable search, that was willing to assume- the risk of this voyage under the circumstances stated. To- require the charterer to load such a vessel would be a hard- ship wbieh these parties could not have contemplated when this charter-party was signed. It should be noticed that neither of the parties had ever seen this vessel, or knew any- thing of her condition, until she arrived in Boston. �The libellant insists that the efforts of the respondent to- obtaiu insurance were not sincere, and his purpose was to escape from his contraot on account of the fall in freights which took place after the charter-party was signed. This, however, is not proved, The wheat market was also falling, and it was for the interest of the respondent to get his wheat to market as soon as possible. I am quite satisfied he made ail reasonable effort to get insurance. �It appeared that, later in the season, the Vesta was loaded with a mixed cargo of wheat and liidian corn, in bulk, at thia r-rt, Yvhich slie earried and delivered.ih' good condition atan ��� �