Harlan F. Stone

“ The fact that the breach of one term of the contract, the agreement to charge only the stipulated freight, coincides with the breach of another to make delivery, does not obscure the fact that both terms are broken and that the substance of the right to recover is for the freight collected in excess of that agreed upon, not damages for failure to make delivery. Nor does the fact that there is breach of both afford any basis for saying that the breach of either term alone could not give rise to the lien. ”

“ The suggestion made on the argument that the lien asserted here, after the cargo is discharged, is affected by application of the often stated rule that the liens on ship and cargo are mutual and reciprocal, is without basis. It is only the obligations of ship and cargo under the contract of affreightment which are to be characterized as mutual and reciprocal, not the liens which result from the breach of those obligations. The one lien may come into existence without the other and the lien on the ship in favor of cargo, not being possessory, see Dupont de Nemours & Co. ”

“ Mills, 19 How. 82, 90, 15 L.Ed. 554; Osaka Shosen Kaisha v. Pacific Export Lumber Co., supra; The Flash, 1 Abb.Adm. 67, Fed. Cas. No. 4,857; The Rebecca, 1 Ware, 188, Fed. Cas. No. 11,619; Scott v. The Ira Chaffee (D.C.) 2 F. 401. ”