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: 22
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250 FEDERAL REPORTER
of such collections and refusing to account to the charterer therefor,
can also be enforced in a proceeding in rem against the ship. It is
conceded that the owners collected the freight money due the charter-
ers on the consignment of the Pensacola Lumber & Timber Company
on arrival of the Seguranca at destination, and still withhold the same.
The only possible answer to the liability of the ship for the amount
so withheld, as we view it, would be the existence of a valid offset in
favor of the owners. The plea of estoppel is without merit, in view of
the reservation in favor of appellee, expressed in terms in the agree-
ment on which it is based.
 The appellant claimed as an offset damage alleged to have
been suffered by him because of improper loading of the Seguranca
by the stevedores employed by the appellee as charterer, consisting in
the expense of removal of part of the cargo and loss of revenue, claim-
ed to have been due to shortage of cargo due to improper loading. The
evidence is conflicting as to whether the admitted tenderness of the ship
after it was loaded was due to improper stowage of the cargo or to
the alleged crankiness of the ship herself. We find it unnecessary to de-
termine as between these causes. Section 15 of the charter party pro-
"The charterers or their agents shall provide and pay a stevedore to do,
the stowing of the cargo under the supervision of the master."
One Tracy was employed by the charterer to do the loading. His-
testimony is to the effect that the loading was done in a manner known
to and approved by the master, and that additional cargo of resin, a
subject of complaint by the appellant, was put on the ship only after
the intention to do so was made known by Tracy to the master, and
that the master made no objection, until after it was loaded on the
ship, and that the first objection or protest made by the master was
after the ship was loaded and when a list became apparent. It is true'
that the evidence of the master, Dixon, is partly in conflict with
Tracy's. The District Judge, after hearing the evidence of both,
came to the conclusion that any improper stowing of cargo was due to
the joint fault of the stevedore, Tracy, and the master, Dixon, and
under the terms of the charter party, it was made the master's duty to,
supervise the stowing of the cargo. Under these circumstances, we
agree with the conclusion reached in the District Court that the appel-
lant should take nothing by reason of this offset.
 The offset based on demurrage, claimed for delay in unloading
at destination, is covered by cesser clause of the charter party, which
Sec. 20. "Charterers' responsibility under this charter shall cease as soon
as the cargo is shipped and bills of lading signed, provided all the condi-
tions called for in this charter have been fulfilled or provided for by bills of
The bills of lading provided that:
"All the terms, provisions, and exceptions [of the charter] are herewith in-
corporated and form a part hereof."
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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/m1/37/: accessed April 25, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.