John Archibald Campbell

“ Lord Tenterden, discussing clauses of a charter-party that affect a lien, says: 'the right may exist, if it appear from the instrument in any way that the payment is to be made in cash or bills before, or at, the delivery of the cargo, or even if it does not appear that the delivery of the cargo is to precede such payment;' and 'that when the payment is to be made by bills, the right of retention continues till they are given, and would, it is conceived, revive, in case of their dishonor, before the shipowner has parted with the goods.' And so are adjudged cases. ”

“ The reply is, that the commercial law does not exact a stipulation to support the lien of the ship-owner, but requires circumstances expressive of 'a determinate abandonment,' as the condition of its removal; no deduction can, therefore, be legitimately drawn from the silence of the contract. And the requisitions for payment in New York, by instalments, show that the owner had some confidence in the personal responsibility of Howard and Son, and did not rely exclusively upon the profits of the adventure, or the security of the cargo ”

“ I am authorized to say, Mr. Justice GRIER concurs in this opinion.
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”