Talbot v. Wakeman
United States District Court
This was a libel filed by William C. Talbot and others, “ composing the firm of W. C. Talbot & Co., of San Francisco, and the Puget Mill Company, of Puget Sound,” against the defendants, as owners of brig Eolian, to recover damages by reason of an alleged violation of a charter for a voyage from San Francisco to Puget Sound, with a cargo of plank, square timber and spars; thence to China; and thence, with merchandize and passengers, back to San Francisco.
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This was a libel filed by William C. Talbot and others, “ composing the firm of W. C. Talbot & Co., of San Francisco, and the Puget Mill Company, of Puget Sound,” against the defendants, as owners of brig Eolian, to recover damages by reason of an alleged violation of a charter for a voyage from San Francisco to Puget Sound, with a cargo of plank, square timber and spars; thence to China; and thence, with merchandize and passengers, back to San Francisco. The libel alleged that the libelants chartered the vessel for the voyage through brokers, named Lubeck & Co,, who had no interest in the…
1Opinion of the Court
Held by the Court, Betts, Justice.
That although on trial at law, there would be a fatal variance, in that the Puget Mill Company would be deemed independent parties, and proof must be given of their interest, which proof is not furnished; yet this is but an irregularity in pleading, not ■ working a defeat of-an action in the admiralty, and the insertion of the Puget Mill Company may be disregarded.. That the evidence shows that Lubeck & Co. were only brokers, and not parties in interest.
That there is proof that the shipment of the spars was made exclusively by the authority and direction of…
2Cited by1 opinion
- Belmont Branch v. HogeThe Superior Court of New York City · 1861