TJDlI t
WILLIA-MOOOK.
(Di.tricl (Jourl, S. n:Newyqrk. .J,une 15,1882,\ CnAn'l'ER-PARTY-SupPLms-LmNs. "
Where the charterers ola vessel agree to pay all, the expenses, Qf,sllpplying her, and a person furnishing supplies i!\ notified by the own!lrs of the terms of the charter-party andforbidden to ,credit the vessel, he cannot acqUire anyiien upon her for supplies afterwards furnished.' ' , The libellant, having such notice, arranged with the charterer for weekly payments. Hela, that subBelJuentsupplies must be deemed furl!-ished upon the , personal credit of the charterer only. .',
2. BAME.
3. 8m..;....:MA:.sTER-WBEN
MAY
BIND' CHAR'1'JllRED VESSltL.
It is only ill cltculnstanoesofdistress in a foreign.port, or where repairs or 9upplies are necessary to enable the. vessel to complete her voyage or,reach the hands of, the owners, that the master has an implied authority from the owners to bind the ship contrary 'to the known terms of a charter-party
Libel in rem for Supplies. On the sixteenth day of May, 1877,the owners ,of the William Cook, of this city, chartered her to J.osiahPollockfroIll June '2 to October 1, 1877, to be used in the excursionbusmess on the Hudson river, the East river, and Long Island Boun.d;thecharterers 'to have and to pay all expenses of manning and, ing her. Pollock took possesion of the boat on the first day of June, and used her only in excursions t'o obtainingcoal from the libellant's yard at 'Hoboken, New, Jersey. ,The agent, of the owners seeing her' go to this yard, prat;lumably for 'Coal, went there, and also to the office of the libellant in HobokEln, alld gave notice of the terms of'thecharter, and forbade supplies bei;ng fur,nished upon the credit of the vessel. This notioe. was conveyed to the president of the company, who afterwards 'went withbis cQIlecf,pr, to 'the office of Pollock, in New York, and arranged with him to}».lty for the eoal in weekly pa.yments. Pollock paid fot the coal up to the twenty· fifth day of Juna only. .On July 7th possessipn of ,the vessel was retaken by the owners, for defa.ult in the payment of the hire.ll,coord,· ing to the terms ofthecharter-pBirty,&M ,this libel was ·filed in rem to recover for the coal futDisbed herby the libellant from June 25th to July 7th. Abbett etFuller, for 'libellants. Benedict, Taft it Benedict and S. H. fol',olaimants. BROWN, D. J. The libellant is in this ease precluded from .tpat the coal 'was furnished upon theoredit afthe v6sl{el. T4a ,evi:-
920
FEDERA.L .REPORTER.
dence is clear and convincing that he had express notice, from the owners, of. the charter-party and of its terms, and that neither they nor the vessel should. be held for supplies, and that thereupon the libellant arranged specifically with Pollock, the charterer, for weekly payments. Upon such facts he could not lawfully charge the ship, and the coal must be held to have been supplied upon Pollock's personal credit. Beinecke v. The Secret, 8 FED. REP. 665; The Norman, 6 FED. REP. 406. After such notice it would be a gross violation of justice and equity to permit a material man to continue to furnish supplies and charge the ship therefor, which would be virtually at the of the owners, who had no interest in t1:ie supplies and had The 00carefully used all possible means of avoiding lumbus, 5 Bawy.487. There are doubtless. circumstQnces in which the known obligation of the charterer to pay for supplies would not prevent a lien on the ship, as where .0. vessel is in a foreign port in distress, with no means of obtaining supplies necessary to complete her voyage and reach the hands of her owners, and where express notice not to credit the,ship had not been given. In such cases the interests of her owners and the necessities of the case might raise an implied authority in the master from the owners to obtain necessary supplies on the credit of the ship, notwithstanding the charterer's known obligation to pay for them. The Monsoon, 1 Bpr. 87; The' ,Oity of New York, 8 Blatchf, 187, 188. m this case there is nothing in the circumstances to raise any such implied authority to bind the ship; but express notice to the libellant to the contrary. Even as respects necessaries it has long been settled that a master's authority in a foreign port to bind the ship or her owners is limited to his instructions, when those instructions are known to the persons furnishing money or supplies. Pope v. Nickerson, 8 Story, 465, 477; The Woodland, 7 Ben. 110, 119. The William Cook, though she crossed the river at HobOKen, New Jersey, for coal, was in no substantial sense away from her home port. The supplies were not furnished in any condition of distress, or to complete any unfinished voyage, or to bring her home within the reach of her owners; but they were furnished exclusively in reference to her daily excursions from this port to Rockaway, for the sole benefit of her charterer. The coal was not even obtained by the authority or direction of the master, who alone has implied authority in a foreign port to bind the ship for necessary supplies; for he testified that he ordered none 01 the coal, and had nothing to do with procuring it,; all the receipts for coal were signed by the mate only.
THE HABSHALL.
921
Her trips being made from this city, it would seem that the charterer had sent the steamer across the river to Hobokeh for no other purpose than to obtain coal and water of the libellants, and that, not for a.ny voyage from that port, but simply preparatory to her trips to be afterwards made from this city to Rockaway. It may be doubted whether the rule giving a maritime lien in a foreign port for necessary supplies to complete a voyage could be properly appliea to supplies thus furnished· for such a purpose; but without regard to this point I am clearly of opinion that the supplies in this case cannot be held to have been lawfully furnished upon the credit of the vessel, but only upon. the personal credit of the charterer. The libel should, therefore, be dismissed, with costs.
(DiBtriet Oourt, 8. D. NfIUJ York.
June 16, 1882.)
1.
TUG AND Tow-RIGHT OP WAy-RIVER NAVIGATION.
A tug with a heavy tow upon a long hawser, coming down the river with the tide, having to Pl,\Bs a sharp bend where the tide sweeps rapidly towards the opposite shore, has the right of way as agaimt a similar tug and tow coming up the stream below the bend. Where the M;., with such a tow, came round West Point, on the Hudson river, after signaling the tug C., with a similar tow, below the Point, and receiving similar blasts in return, and kept within 25 or 50 feet of the flats below the Point, and drew as near the Point as was safe, but the end of her tow swung with the tide so as to collide with the tow of the C., held, that the M. was not in fault, as she ought neither to have stopped sooner nor to have attempted to cross the C.'s bows to the easterly side of the stream. 2. INJURY TO Tow-NEGLIGENCE-ACTlON AGAINST ALL VESSELS IMPLICATED.
Where a barge in tow isinjured without her own fault! through the negligence of some one of other vessels, the suit ought to be against all, unless some are clearly not liable, in order that the respective rights of the parties may be determined in a single suit.
Thomas C. Campbell, for libellant. Benedict, Taft it Benedict, for claimants. BROWN, D. J. By the statute of this state, steamers navigating the Hudson river are bound to keep upon the right-hand side. The Marshall, in coming down the river with the tide, would have been clearly in the wrong, therefore, in undertaking to go to the left, unless there was clearly no alternative. That no such necessity ex.