Nathan Clifford

Name: The Bird of Paradise — Opinion of the Court
Author: Nathan Clifford

The Bird of Paradise — Opinion of the Court

Summary

“The Bird of Paradise — Opinion of the Court”, is a work by Nathan Clifford. It explores elements such as freight, charterer and lien.

Quotes from The Bird of Paradise — Opinion of the Court (Nathan Clifford)

Nathan Clifford, The Bird of Paradise — Opinion of the Court

“ Whenever the owners of the ship constitute one party, and the owners of the cargo the other, the law of freight applies, and the fundamental rule, says Mr. Parsons, is that the rights of the respective parties are reciprocal, and that each has a lien against the other to enforce those rights, and the better opinion is, that the lien for freight commences as soon as the goods are delivered into the control of the master, or certainly as soon as they are put on board. ”

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Source: Wikisource

Nathan Clifford, The Bird of Paradise — Opinion of the Court

“ Contracts of affreightment, like other commercial contracts, where the language employed is ambiguous or of doubtful meaning, are subject to judicial construction, and it often happens that the terms of the instrument in respect to the payment of freight and the delivery of the cargo are so inaptly chosen that it gives rise to very close and embarrassing questions. ”

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Source: Wikisource

Nathan Clifford, The Bird of Paradise — Opinion of the Court

“ The question whether there is a lien or not, depending as it does upon the charter containing terms as to payment, showing a credit given to the charterer inconsistent with a lien, must be determined by the charter itself, not by circumstances subsequently occurring. If, in fact, the owner has agreed to carry the cargo, without retaining a lien upon it, but looking to the personal responsibility of the charterers, whom he has agreed to trust for the freight, the charterer may sell the cargo in transit, as being free from freight, and his subsequent insolvency cannot charge it with a lien. ”

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Source: Wikisource

Nathan Clifford, The Bird of Paradise — Opinion of the Court

“ Where the stipulation is, that the goods are to be delivered at the port of discharge before the freight is paid, without any condition or qualification, it seems to be agreed that the lien of the ship-owner for the payment of the freight is waived and lost, as the right of lien is inseparably associated with the possession of the goods. ”

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Source: Wikisource

Nathan Clifford, The Bird of Paradise — Opinion of the Court

“ Such precedent delivery, if absolute and unconditional, displaces the lien for freight, because it is repugnant to it and incompatible with it, but where the payment or security of payment is to be concurrent or simultaneous with the delivery of the cargo the lien exists in full force, and the ship-owner cannot be required to make the delivery until the payment of freight, or security, as the case may be, is tendered. ”

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Source: Wikisource

Nathan Clifford, The Bird of Paradise — Opinion of the Court

“ The lien exists only where the master has a right to demand the freight on unlading the cargo, or where the freight is payable so soon after the cargo is discharged as to imply a right in the master to detain for that short period; as in the case of The Kimball, in this court, relied on by opposite counsel, where the freight was payable, 'one-half in five, and one-half in ten days after discharge' of the cargo. ”

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Source: Wikisource

Nathan Clifford, The Bird of Paradise — Opinion of the Court

“ Suppose, however, a different rule could be applied to the sum actually paid or advanced before the vessel sailed. Still that concession, if made, would not affect the question as to the second instalment in this case, because that instalment was not advanced in money, and has never been paid. ”

Nathan Clifford

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