Page:Federal Reporter, 1st Series, Volume 2.djvu/412

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BCOTT V. THE IRA CHAFFEE. 405 �considered as settled law. In the case of The Yankee Blade, 19 How. 82, there was a eontract between the owners of cer- tain steamboats, of which the Yankee Blade was. one, to conf- vey freight and passengers between New York and California. Among other things it was agreed that the America should proceed to Panama, and the Yankee Blade should leave New York at such time as to connect with the America. The owner of the Yankee Blade refused to employ his vessel according to this agreement, and sent ber to the Pacific under a eontract with other persons. For this breach of eontract the libellant sued, assuming the vessel subject to a lien, which might be enforced in rem. The court held this eon- tract to be nothing more than an agreement for a spécial and limited partnership in the business of transporting freight and passengers, and that the mère fact that the transporta- tion was by sea was not sufficient to give a court of admiralty jurisdiction. In delivering the opinion Mr. Justice Grier said, in commenting upon the reciprocal obligations of the ship and cargo : "If the cargo be not placed on board it ia not bound to the vessel, and the vessel cannot be in default for the non-delivery, in good order, of goods never received on board. Consequently, if the master or owner refuses to perform his eontract, or for any other reason the ship does not receive cargo and départ on her voyage according to eon- tract, the charterer has no privilège or maritime liens on the ship for such breach of eontract by the owners, but must resort to his personal action for damages, as in other cases. The case did not neoessarily call for the expression of thia opinion, as the eontract was not, properly speaking, maritime. Since thèse cases were decided I hâve found none in which the courts hâve sustained a libel upon a purely executory eon- tract except that of Oakes v. Richardson, 2 Lowell, 173, which was in personam. In Rich v. Parrott, 1 Clifif. 55, Mr. Justice Clifford, in alluding to thèse cases, intimated the opinion that if the master or owner refuses te perform his eontract, or for any other reason the ship does not receive the cargo, the charterer has no privilège or lien on the ship for such a breach of eontract by the owners, but must resort to his personal ����