RESPONDENTIA, maritime law. A loan of money on maritime interest, on goods
laden on board of a ship, which, in the course of the voyage must, from
their nature, be sold or exchanged, upon this condition, that if the goods
should be lost in the course of the voyage, by any of the perils enumerated
in the contract, the lender shall lose his money; if not, that the borrower
shall pay him the sum borrowed, with the interest agreed upon,
2. The contract is called respondentia, because the money is lent on
the personal responsibility of the borrower. It differs principally from
bottomry, in the following circumstances: bottomry is a loan on the ship;
respondentia is a loan upon the goods. The money is to be repaid to the
lender, with maritime interest, upon the arrival of the ship, in the one
case and of the goods, in the other. In all other respects the contracts are
nearly the same, and are governed by the same principles. In the former, the
ship and tackle, being hypothecated, are liable, as well as the person of
the borrower; in the latter, the lender has, in general, only the personal
security of the borrower. Marsh. Ins. B. 2, c. 1, p. 734. See Lex Mer. Amer.
354; Com. Dig. Merchant, E 4; 1 Fonb. Eq. 247, n. I.; Id. 252, n. o.; 2 Bl.
Com. 457; Park. Ins. ch. 21; Wesk. Ins. 44; Beames' Lex. Mex. 143; 3
Chitty's Com. Law, 445 to 536; Bac. Abr. Merchant and Merchandise, K;
Bottomry.