Hooe & Co. v. GrovermanAnnotate this Case
5 U.S. 214 (1803)
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
ERROR TO THE CIRCUIT COURT OF THE DISTRICT
OF COLUMBIA IN THE COUNTY OF WASHINGTON
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.
MR. CHIEF JUSTICE MARSHALL delivered the opinion of the Court.
This is a writ of error to a judgment rendered in the Circuit Court of the District of Columbia, sitting in Alexandria, on the following case.
A charter party was entered into between the parties on 10 April, 1798, whereby Groverman let to Hooe & Co. a vessel, of which he was owner, for a voyage to Havre de Grace.
The first article states the indenture to witness
"That the said Groverman hath granted and to freight letten to the said R. T. Hooe & Co. the brigantine Nancy, whereof he is owner, commanded by James Davidson, a citizen of the United States, now lying in the port of Alexandria, of the burden of 197 tons or thereabouts, and for and in consideration of the covenants hereinafter mentioned, doth grant and to freight let unto the said R. T. Hooe & Co., their executors and administrators, the whole tonnage of the aforesaid vessel called the Nancy from the port of Alexandria in Virginia to the port of Havre de Grace in France, and back to the said port of Alexandria, in a voyage to be made by the said R. T. Hooe & Co. with the said brigantine in manner hereinafter mentioned -- that is to say, to sail with the
first fair wind and weather that shall happen after she is completely laden, from the said port of Alexandria, with a cargo of tobacco to be shipped by said R. T. Hooe & Co. to the said port of Havre de Grace, and there deliver the cargo to Messrs. Andrews & Co. of that town, merchants, or to their assigns, in good order, the danger of the seas only excepted, and at the said port of Havre de Grace to take on board a full freight or lading of such goods as the said Andrews & Co. may think proper to put on board said brigantine as a return cargo, with which the said vessel is to make the best of her way directly back to the port of Alexandria and there safely deliver such cargo to the said R. T. Hooe & Co."
"Groverman further covenants with the said R. T. Hooe & Co. that the vessel is and shall, during the voyage, be kept in good condition and furnished with all manner of necessary and proper rigging, &c., and with mariners to navigate her. He further covenants to allow twenty-five running days for lading the vessel at the port of Alexandria, thirty days for discharging her cargo and taking on board the return cargo at Havre, and ten days for receiving her inward cargo at Alexandria."
"In consideration of these covenants, R. T. Hooe & Co. engage to pay the stipulated freight, and