Lowber v. Bangs
Supreme Court of the United States
Bangs & Son being owners of the ship Mary Bangs, then at sea, on her passage from New York to Melbourne, chartered her at Boston; on the 4th June, 1858, to Lowber, who was there, for a voyage from .Calcutta to Philadelphia, &c. The charter-party contained the following clauses: “ Ship to proceed from Melbourne to Calcutta with all possible despatch.
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Bangs & Son being owners of the ship Mary Bangs, then at sea, on her passage from New York to Melbourne, chartered her at Boston; on the 4th June, 1858, to Lowber, who was there, for a voyage from .Calcutta to Philadelphia, &c. The charter-party contained the following clauses: “ Ship to proceed from Melbourne to Calcutta with all possible despatch. It is understood that the ‘ Mary Bangs’ is now on her passage from New York to Melbourne (sailed 3d day May last); that the owners will use the most direct means to forward instructions to. the master, with copy of this charter, ordering it to be…
1Opinion of the CourtJustice Swayne
The question is, whether it was a condition precedent, that the ship should proceed directly from Melbourne to Calcutta; or, in other words, whether these clauses constitute a warranty, or are merely'-a representation.
“ The construction to be put upon contracts of this sort depends upon the intention of the parties, to be gathered from the language of the individual instrument. Whether particular stipulations are to be considered conditions precedent, or not, must, in all cases, solely depend upon that intention, as it is gathered from the instrument itself.”* “All mercantile contracts ought…
2Cited by58 opinions
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- Davison v. Von LingenSupreme Court of the United States · 1885
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