Henry Billings Brown

“ In conclusion, we are of opinion that, if anything more were intended by the insurance clause than to impose on the owners the duty of paying the premiums, it was fully satisfied by an ordinary policy of insurance against perils of the sea; that such policy would not cover damage done to another vessel by a collision with the vessel insured, and that the primary liability for such damage rested upon the charterers, and not upon the owners. We express no opinion as to the effect of any payment that may have been actually made by the underwriters upon this loss. ”

“ If, then, the owners be liable for the negligence of the charterers, such liability must arise from the particular stipulation in the charter party that 'the owners shall pay for the insurance on the vessel.' The language of the clause is peculiar and significant. It is not an agreement to insure, or to procure or provide insurance, but to pay for such insurance as the owner should see fit to take out,-and perhaps inferentially to apply such insurance toward the extinguishment of any liability of the charterers for losses covered by the policy. ”

“ The vessel which commits the aggression is treated as the offender, as the guilty instrument or thing to which the forfeiture attaches, without any reference whatsoever to the character or conduct of the owner. ”