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Late payment of hire - Whether owners entitled to exercise lien on cargo at loading port

The vessel was fixed on an amended N.Y.P.E. charter for a time-charter trip. By clauses 5 and 43 hire was to be paid semi-monthly in advance. The ship delivered into the charter at 14 00 on 5 October. On 6 October the owners invoiced the charterers with hire and delivery bunkers in the sum of $140,542. That was not paid, and on 13 October, one day after the vessel had started loading, the owners sent the charterers a telex requiring immediate confirmation of payment of the outstanding hire, and giving three days’ notice under clause 89 of the charter for the charterers to rectify their default. Clause 89 read: