Legal Opinion

Leblond v. McNear

District Court, N.D. California

Decided September 28, 1900No. 11,317PublishedCited by 5 opinions

In Admiralty. Action for breach of charter.

1Opinion of the Court

DE HAVEH, District Judge.

This is an action in personam to recover damages for the alleged breach of a contract, entered into between the libelants and defendant at Liverpool, England, on September 22, 1896, by which the libelants chartered the French bark Pierre Gorneille to the defendant. The charter party recites that at its *827date said vessel was “at or left Newcastle, N. S. W., to proceed in ballast to San Francisco, with about 50 tons coal for ship's account,” and also contains the following provisions:

“The said vessel, being tight, staunch, strong, and in every way fitted and provided for…

2Cases cited5 opinions

  1. Utter v. ChapmanCalifornia Supreme Court · 1869
  2. Utter v. ChapmanCalifornia Supreme Court · 1872
  3. Ashburner v. . BalchenNew York Court of Appeals · 1852
  4. Dalbeattie Steamship Co. v. CardDistrict Court, E.D. South Carolina · 1893
  5. Dean v. RitterSupreme Court of Missouri · 1853

3Cited by5 opinions

  1. In Re the Arbitration Between A/S Siljestad & Hideca Trading, Inc.District Court, S.D. New York · 1981
  2. J. J. Moore & Co. v. CornwallCourt of Appeals for the Ninth Circuit · 1906
  3. Thebideau v. CairnsDistrict Court, D. Maine · 1909
  4. Cornwall v. J. J. Moore & Co.District Court, N.D. California · 1903
  5. Cornwall v. J. J. Moore & Co.District Court, N.D. California · 1904

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