Page:Federal Reporter, 1st Series, Volume 9.djvu/438

 IE SENG 00. V. COEBITT. ill3 �Ye Seng Co. V. CoEBiTT & Macleat. �(District Court, D. Or egon- September 6, 1881.) �1. Agent, Whbit LiABi^ on a Conthact. . �A person who Signs a contract as agent •without discloaing the name of hU principal is liable thereon as principal. �2. Agenct. �A person authorized to act for the charterers of a vessel, as agent to procure a cargo m a foreign port, is not tliereby authorized to modify or caiicel the charter-party of his principal. �3. iMPossiBiurr— When no Excuse for Non-Pjsrfokmancb of a Conthact. �The ownera of a vessel chartered her to'carry passengers from Hong Kong to Portland, and stipulated in the charter-party thafr sho was " tight, staunch, and strong, ajid in every way provided for said voyage ; " but upon her arrivai at Hong Kong she was found by the surveyor of the port to be "not fit to carry passengers," and refused permission to do sb by the local authorities. absolute and without condition, to carry passengers out of Hong Kong ; and that, even in the absence of the stipulation in the charter-party as to the char- acter and condition of the vessel, the law would imply from the undertaking I of the owner that she was in all respects. " fit " to carry passengers out of said port. �4. Damages. �The charterers procured 200 passengers to ship on said vessel out of Kong Kong at rates that would have netted them $14 apiece, or $2,800 in the aggre- gate, which gains they were prevented from making by the failuro of the own- ers to perform their contract. Ileld, that the prevention of these gains was a damage to the charterers which naturally arose from the breach of the con- tract, and must aleo have been in the contemplation of the parties thereto, and therefore they are entitled to recover them in a suit for such breach. �5. MoNBT Paid into CotrET. �Money paid into court by a defendant is an absolute admission that so much is due upon the claim of the plaintifE and is so far a payment thereof, and the better opinion seems to be that the plaintiff may receive said deposit pending the litigation ; and, in any event, he may proseoute his action for the remaln- der of his claim, subject to the risk of paylng costs if he recover no more than the tender. �Iii Admiralty. �William, H. Effinger, for libellants. �Benton Killin, for defendants. �Dbady, D. J. The libellants, Ye Seng Company, eomposed oi Bundry Chinese merchants of this city, bring this suit to recover $5,957.80 from the defendants, as damages, with intereet, for the non-performance by them of a charter-party executed in this city on August 20, 1879, for the American bark Garibaldi. By the agree- ment "Messrs. Corbitt & Macleay, agent for owner s pf the American bark Garibaldi, of Portland, ,Oregon," of 670 tons burden, chartered ��� �
 * Hed, that the owners were not thereby excused from their contract, which was