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THE KIMBALL

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70 U.S. 37 (1866)

3 Wall. 37

18 L.Ed. 50

THE KIMBALL.

Supreme Court of United States.

January 15, 1866.

Attorney(s) appearing for the Case

Mr. Thaxter for the owners of the cargo, appellants:

Mr. B.R. Curtis, who argued the case fully on principle and authorities, contra.

Mr. Justice FIELD delivered the opinion of the court:

Two questions are presented for determination in this case: first, whether the lien of the owner of the ship upon the cargo for the freight was waived or displaced by the stipulations of the charter-party; and, second, whether the notes given for a portion of the charter-money constituted payment of the same.

It is admitted that the lien of the owner of a ship upon its cargo for freight is...

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