Legal Opinion

The Onrust

U.S. Circuit Court for the District of Southern New York

Decided August 15, 1869PublishedCited by 1 opinion

[Appeal from the district court of the United States for the Southern district of New York.] This was a libel in rem, in the district court, against the schooner Onrust, to recover damages on a charter-party, by which the owner of the schooner chartered his vessel for a voyage from a place, or places, designated. in the state of Florida, to the port of New York, with a cargo of cedar.

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[Appeal from the district court of the United States for the Southern district of New York.] This was a libel in rem, in the district court, against the schooner Onrust, to recover damages on a charter-party, by which the owner of the schooner chartered his vessel for a voyage from a place, or places, designated. in the state of Florida, to the port of New York, with a cargo of cedar. The charter-party, which was dated December 14th, 1865, contained this language: “It is understood, that the vessel is now loading for Key West, or the Tortugas,, and is to proceed thence direct, to load on this…

1Opinion of the Court

NELSON, Circuit Justice.

There is no doubt that the vessel was inpressed by the authorities, for the voyages to Key West, against the will and protest of the master, and without any fault on his part; and that, while thus engaged, she was under the control of the public authorities. This detention occasioned the delay complained of in the libel as an infraction of the charter-party.

In Mitchell v. Harmony, 13 How. [54 U. S.] 115, 134, Chief Justice Taney says: “There are, without doubt, occasions in which private property may lawfully be taken possession of or destroyed, to prevent it from…

2Cases cited3 opinions

  1. Parsons v. HardyNew York Supreme Court · 1835
  2. Wibert v. New York & Erie Rail RoadNew York Supreme Court · 1854
  3. Conger v. Hudson River RailroadThe Superior Court of New York City · 1857

3Cited by1 opinion

  1. Musica v. CoventinaDistrict Court, S.D. New York · 1892

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