Legal Opinion

The Energia

United States District Court

Decided August 13, 1903No. 1,720PublishedCited by 1 opinion

In Admiralty. Suit in rem against the steamship Energía, to recover damages for breach ■of an executory contract, entered into at San Francisco, by which the steamship was chartered to libelant by her owners to carry a cargo of lumber from Puget Sound to Australia. Heard on exceptions, alleging that the facts set forth in the libel are insufficient to entitle the libelant to a lien upon the steamship upon which to maintain a suit in rem. Exceptions overruled.

1Opinion of the Court

HANFORD, District Judge.

The libel sets forth that a charter party was executed at San Francisco by the owners of the steamship Energía in favor of the libelant, which is a California corporation, whereby said steamship was chartered to take a cargo of lumber from one or more ports on Puget Sound, to be designated by the libelant, and to be delivered at a port of Australia, to be designated; that the steamship came to Puget Sound pursuant to the charter party; that the charterer was able, ready, and willing to furnish a cargo as provided in the contract, but the owners and master of the…

2Cases cited25 opinions

  1. Cooley v. Board of Wardens of Port of Philadelphia Ex Rel. Soc. for Relief of Distressed PilotsSupreme Court of the United States · 1852
  2. The LottawannaSupreme Court of the United States · 1875
  3. The ChinaSupreme Court of the United States · 1869
  4. The J. E. RumbellSupreme Court of the United States · 1893
  5. Ex Parte McNielSupreme Court of the United States · 1872

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3Cited by1 opinion

  1. Corsica Transit Co. v. W. S. Moore Grain Co.Court of Appeals for the Eighth Circuit · 1918

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