Louis Brandeis

“ The original contract was referred to, also, to explain the relation of the shipper named in the bill of lading to the charterer, and in order to establish that by reason of their co-operation in converting the vessel into a cattle ship there was no liability. Such uses of nonmaritime contracts to establish the absence of a valid maritime claim, or a defense as distinguished from a counterclaim [1] (see The Eclipse, 10 S.C.t. 873, 135 U.S. 599, 609, 34 L. Ed. 269) , do not deprive the admiralty court of jurisdiction. ”

“ The charter party, entitled a 'Time Charter-West India Fruit Trade,' provided the privilege of and facilities for erecting a light fruit deck to carry a load of fruit. At Port Limon she was, without the consent of the owner, converted into a cattle ship. On the deck, authorized as a fruit deck, cattle pens were constructed and the heavy cattle were loaded. Freight had not been paid when the bill of lading issued; nor was it ever paid. No payment for the cattle was ever made under the contract. ”

“ We must therefore consider whether the facts developed after the filing of the libel preclude the exercise of admiralty jurisdiction. The bill of lading and the charter party are both maritime contracts, and hence enforceable in a court of admiralty. Morewood v. Enequist, 23 How, 491, 16 L. Ed. 516; The Eddy, 5 Wall. 481, 494, 18 L. Ed. 486. The original contract to purchase, assemble, and sell the cattle, to charter vessels and therein transport the cattle to Jacksonville, and the agreement of compromise, are not maritime contracts. ”