The sum tendered and brought into Court only covered two-thirds of the freight.
If plaintiff and Leland were joint-owners and joint-freighters, and the contract was joint, it could not be changed into a several contract at the pleasure of either party.
The freight must be determined by the charter-party. And it is not denied that defendanthad a lien for the freight as against the appellant.
JUDGES: Heydenfeldt, Justice, delivered the opinion of the Court. Wells, Justice, concurred.
OPINION
HEYDENFELDT, Judge
It is true, as insisted, that the owner of a chartered vessel has no general lien upon the cargo for the chartered price, but this suit is brought upon a bill of lading made to the plaintiff jointly with one Leland. It is clear that the plaintiff has no separate cause of action, and it follows that the judgment must be affirmed. So ordered.