Legal Opinion

James v. Brophy

Court of Appeals for the First Circuit

Decided October 25, 1895No. 132PublishedCited by 6 opinions

Appeal from the District Court of the United States for the District of Massachusetts. Libel by L. S. Brophy against Charles L. James and others. There wfts a decree for libelant, and defendants appeal.

1Opinion of the Court

WEBB, District Judge.

The libel was properly against the appellants alone. The Compagnie Frangaise de l’Afrique Occidentale and John F. Brooks, the agent of that company, were in no way parlies to the contract between tbe libelant and the defendants, relied on and set out in the libel as the basis of this demand for demurrage. That Brooks and his principal, the Compagnie Franchise, were connected with the business transaction which gave occasion to that contract, did not make them parties to it. Nor does the fact that they entered into a different or independent charter with the shipowners…

2Cases cited2 opinions

  1. Taggard v. LoringMassachusetts Supreme Judicial Court · 1820
  2. The TribuneU.S. Circuit Court for the District of Rhode Island · 1837

3Cited by6 opinions

  1. Ramon Ruiz Pichirilo v. Laureano Maysonet Guzman, LibellantCourt of Appeals for the First Circuit · 1961
  2. Berwind-White Coal Mining Co. v. SOLLEVELD, ETC.Court of Appeals for the Fourth Circuit · 1926
  3. Washington Marine Co. v. Rainier Mile & Lumber Co.District Court, D. Oregon · 1912
  4. Holman v. Gans S. S. LineCourt of Appeals for the Second Circuit · 1911
  5. Carleton v. Three Hundred Sixty-Seven Tons of CoalDistrict Court, D. Maine · 1913

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