HOOE & CO. V. GROVERMAN, 5 U. S. 214 (1803)

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U.S. Supreme Court

Hooe & Co. v. Groverman, 5 U.S. 1 Cranch 214 214 (1803)

Hooe & Co. v. Groverman

5 U.S. (1 Cranch) 214


A chartered the whole tonnage of his vessel to B for a certain voyage, and covenanted by the charter party to deliver the cargo at the port of destination, dangers of the seas excepted, &c., and the return cargo should be delivered to B at Alexandria. By provisional articles, it was afterwards covenanted between the parties that the captain should be instructed by his owner to touch at Falmouth, there to lie off and on twenty-four hours or longer if desired, in daylight, during which time there will come off orders from the consignees; on receiving these orders, the captain must proceed to such one of certain designated ports as the orders should specify. If the vessel is detained at Falmouth over twenty-four hours, demurrage shall be paid for the time, at the rate stipulated in the charter party. The vessel proceeded to Falmouth Road, and no orders being ready, the captain, by the instruction of one of the consignees, brought the vessel into port, where she was seized and detained by the revenue officer. In an action of covenant for demurrage during the period of this detention, it was held that A remained owner for the voyage, that he was answerable for the misconduct of the captain, and the covenant to lie off and on at Falmouth was his covenant. 2. The instructions of the consignee, not being in conformity with the articles, did not authorize the captain to bring the vessel into Falmouth, and the freighters are not bound to pay demurrage. 3. The orders of the consignee might excuse A from any action brought by B for loss sustained by him in consequence of the vessel going into Falmouth, which was a breach of the covenant of A, but these orders, being beyond the scope of the authority of the consignee, cannot entitle A to an action against B.

Page 5 U. S. 229

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