Page:Federal Reporter, 1st Series, Volume 4.djvu/169

POPE V. 8WIBS LLOYD INS. CO. 155 �JoneB V. The Ins. Co. Wall. Jr. 280-1. In thia slate these questions are, as we have seen, deflnitely settled by the lex lod contractus. �I have made the foregoing observationa because it seemed to be Bupposed at the hearing that the provisions above cited of our Code were a startling and unprecedented inno- vation upon well settled and universally acknowledged prin- ciples — First, as the law of the place where the oontraot was made and where it was to be executed, (1 Farsona Ins. 132 ; Cox V. U. S. 6 Pet. 203; 1 Gall. 371;) anà, seeondly, because the obligation of that law was çxpressly recognized and agreed to by the parties to the contract. �The schooner Caroline Mills was insured at thia port for one year from the fifteenth of April, 1878, "to be engaged as an inter-island trader among the Sandwich Islands." She proceeded from this port to Hilo, Sandwich Islands, where, by direction of her owner, she commenced a voyage from Hilo to Honolulu via the way ports. On the ninth day of the voyage, after stopping and discharging cargo at several way ports, she was driven ashore and totally lost at the port of Honokoa. �The defence set up is breach of the implied warranty of fieaworthiness, in this : that the vessel was not provided with ground tackle reasonably fit to perform the services, and to meet the ordinary exigencies of the voyagea contemplated by the parties. �This is the only issue in the case, and upon it the evidence leaves, in my judgment, little room for doubt. �1. It is not denied that at the owner' s suggestion the mas- ter "re-enforced" his chain cables by attaching to the anchors six-inoh hawsers. This arrangement the experts condemn as improper and inadmissible, partly from the impossibility of dividing the strain with any approach to equality between a chain cable and a hempen hawser, owing to the great differ- ence in elasticity of the materials of which they are composed, and partly from the liability of the hawsers to becomechafed, or be eut by the chain or by rocks on the bottom — a danger more tban ordinarily great in the inter-island navigation of ����