The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 19
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The decree of the District Court is modified, by reducing its total
amount to $41,481.14, and the amounts of the decrees against the re-
spective respondents to one-half of that sum, or $20,740.57, and, as so,
modified, is affirmed.
DIXON v. GEORGE W. HOWE & CO.
(Circuit Court of Appeals, Fifth Circuit. February 13, 1918. On Application
to Modify Order, February 27, 1918. Rehearing Denied
April 3, 1918.)
1. APPEAL AND ERROR 329--PARTIES TO APPEAP-BRINGING IN BY AMEND-
The Circuit Court of Appeals may permit a party, which has been
omitted from an appeal and not summoned and severed, to be brought in
by amendment, where it appears and waives citation.
2. PRINCIPAL AND AGENT C=169(2)-CHARTER BY AGENTS-RATIFICATION BY
The owner of a vessel, which adopted and carried out a charter party,
and in a suit by the charterer based a cross-libel thereon, is bound by its
terms, although it was originally made by agents without authority.
3. SHIPPING X51-CHARTERS-COLLECTION OF FREIGHT MONEY-LIABILITY'
The master of a ship, although the agent of the owners, is under duty
to collect freight money for the benefit of a charterer; and where the
duty exists, both the vessel and owner are liable for his acts or omissions
in respect to its exercise, and for stronger reason the ship is liable,
where the collection is made by the owners themselves.
4. SHIPPING 110-CHARTERS---LIABILITY FOR IMPROPER STOWAGE.
Where, as required by the charter, a ship was loaded by stevedores
employed by the charterer, but "under the supervision of the master," the
charterer cannot be held liable for improper stowage.
5. SHIPPING 4=171-CHARTERS--DEMRRAGE-CESSER CLAUSE.
Where all the terms, conditions, and exceptions of the charter party
are by recital incorporated in the bills of lading signed by the master,
the charterer is protected by the cesser clause from liability as to all
demurrage incurred after the signing of the bills of lading.
6. SHIPPI'eNG :49(2)-C HARTERS-MISTAKE IN SETTLEMENT-INTEREST.
The owners of a chartered ship held entitled to interest on an amount
due them from the charterer, but retained by the charterer through a.
mutual mistake when the settlement was made.
Appeal from the District Court of the United States for the East-
ern District of Louisiana; Rufus E. Foster, Judge.
Suit in admiralty by George W. Howe & Co. against the steamship
Seguranca and Hiram Dixon, master, claimant. Decree for libelant,.
and claimant appeals. Modified and affirmed.
J. C. Hollingsworth, of New Orleans, La., for appellant.
John C. Avery, of Pensacola, Fla., and William Grant and WnM.
B. Grant, both of New Orleans, La., for appellee.
eFor other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38821/m1/34/: accessed September 25, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.