Page:Federal Reporter, 1st Series, Volume 2.djvu/408

SCOTT V, THE ISA CHAFFEB. 401 �SooTT and others v. The Iea Chaffbb. �{Dietriet Court, E. D. Michigan. April 26, 1880.) �Contbaot op Aïfbeightment— Breach of — LtEN FOR. — The ownerof a cargo lias no lien iipon the vessel for the breach of a contraot of alïreight- ment until the cargo, or some portion, has been laden on board, or de- livered to the master. �In Admiralty. �This was a libcl in rem to recover damages for a breach of contract made by the master of the propeller Ira Chaffee to carry a certain boiler from Detroit to Oscoda. The boiler was never actuaily put on board the propeller, nor delivered to her master, as master, although he received it on behalf of the schooner Louisa, on wbich it was laden and carried to Oscoda. It seems that the Louisa was caught in the ice and detained, whereby the arrivai of the boiler was delayed. The libellant claimed damages for detention. �James J. Atkinson, for libellant. �Moore, Canfield d Warner, for respondent. �Bbown, D. J. Upon the argument of this case 1 was sat- isfied, from the correspondence of the parties, that a legal contract of affreightment had been made, but that nothing had ever been done by the propeller toward its execution. The boiler was never laden upon the propeller, nor delivered to any one having authority to receive it on her behalf. The question of jurisdiction was reserved. �There is an abundance of dicta to the effeot that the ob- ligation of the cargo to the ship, and of the ship to the cargo, does not arise until the cargo or some portion of it has been laden on board, or at least legally delivered to the vessel, but no case directly in point has yet been decided by the court of last resOrt. �Whatever be the rule with regard to contracta of affreight- ment, which are purely executory, it must now be considered as settled that if the ship enters upon the performance of its work, or any step has been taken towards such performance, the ship becomes pledged to the complete execution of the �v.2,no.3--26 ����