Leary v. United States
Supreme Court of the United States
Appeal from the Court of Claims. On the 19th of November, 1862, one Leary, owner of the steamer Mattano, chartered her to the'.United States, for the purpose of plying in the harbor of Port Royal, South Carolina, or for any other service the government might designate.
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Appeal from the Court of Claims. On the 19th of November, 1862, one Leary, owner of the steamer Mattano, chartered her to the'.United States, for the purpose of plying in the harbor of Port Royal, South Carolina, or for any other service the government might designate. By the terms of the charter-party Leary engaged that the vessel during the existence of the charter, should be kept tight, stanch, well-fitted, tackled, and provided with every requisite, and with, men and provisions necessary; that the whole of it (with the exception of room necessary for the áccommodation of the crew and the…
1Opinion of the CourtJustice Field
There is no doubt that under some-forms of a charter-party the charterer becomes the owner of the vessel chartered for the voyage or service stipulated, and consequently becomes subject to the duties and responsibilities of ownership. Whether in any particular case such result follows must depend upon the terms of the charter-party considered in connection with the nature of the service rendered. The question as to the character in which the charterer is to be treated is, in all cases, one of construction. If the charter-party let the entire vessel to the charterer with a transfer to h'im of…
2Cases cited1 opinion
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