Page:Federal Reporter, 1st Series, Volume 8.djvu/638

 624 federal befobteb. �The Lizzib W. Vieden. �(Cirmit Court, E. D. New York. June 28, 1881.) �1. Chartee-Paety. �The cargo in question was shipped under a charter-party, whereby the mas- ter engaged that in and during the voyage the vessel should be " well fitted," and " that he would take and receive on board all such lawful goods and mer- chandise" as the other party to the contract should think fit to ship. The cargo shippedwas almonds in the shell, in sacks ; out of the shell, in bags. The vessel on her outward trip had carried a cargo of petroleum, in barrels. Nothing was said in th'e charter-party about petroleum, but both parties knew when they signed the charter-party, before the outward voyage began, that she was loaded with such cargo. , On the outward voyage petroleum leaked out f rom barrels in the hold and from barrels in the between-decks. The flavor and odor of petro- leum were imparted to the almonds while they were in the vessel. The damage might have arisen from storing the almonds in contact with parts of the ve&sel containing petroleum, or with dunnage having petroleum in it or on it ; or from the drip of the sweat of the hold, carrying the odor and flavor of petroleum with it. Hdd: (IJ This damage did not arise from a peril of the sea; (2) the comtract was to provide a vessel fit to carry such a cargo as was actually car- ried, and the vessel provided was one unflt for this purpose. �In Admiralty. �Beehe, Wilcox e Hobbs, for libellants, �Benedict, Taft e Benedict, for claimants. �Blatchfobd, C. J. The cargo in question was shipped under a charter-party of the vessel to the libellants, whereby the master engaged that in and during the voyage the vessel should be "well fitted" "with everyrequisite" "for such a voyage," and that "he would take and receive on board the said vessel, during the aforesaid voy- age, all such lawful goods and merchandise" as the libellants might think proper to ship. The charter was for a gross sum, and the libel- lants engaged to furnish "a full cargo of marchandise, or sufficient for ballast." The cargo shipped was almonds in the shell, in sacks; almonds out of the shell, in bags; filberts in sacks; capers in vin- ec;ar, in barrels ; red wine in barrels ; and sait in bulk. The charter- party provided that the master should sign bills of lading wifchout prejudice to the charter-party. Three bills of lading were signed by the master for said cargo, each for a part of it. Bill No. 1 states that the master has received the goods on board the vessel "in good condition," and the master promises to deliver the goods "in the same condition," "and so to accomplish it" he binds the vessel "aecord- ing to custom and the laws of commerce." Bills Nos. 2 and 3 state that the goods are shipped "in good order and well conditioned," and that they are "to be delivered in the like good order and well condi- ��� �