Texas Co. v. Hogarth Shipping Co.
District Court, S.D. New York
In ■ Admiralty. Libel by the Texas Company against the Hogarth Shipping Company, Limited, and another. Final hearing in Admiralty. Action for breach of voyage charter party.
Read the full summary
In ■ Admiralty. Libel by the Texas Company against the Hogarth Shipping Company, Limited, and another. Final hearing in Admiralty. Action for breach of voyage charter party. In February, 1915, a written agreement was made in New York between libel-ant (an American corporation) and Hogarth Shipping Company (a British corporation), -whereby libelant agreed to charter a steamship to carry a cargo of case petroleum from Port Arthur, Tex., to South African ports, lading to be made between April 15 and May 15, and steamship to he declared on or before March 15. On or about March 11, Hogarth Company…
1Opinion of the Court
HOUGH, Circuit Judge.
Reflection on this very interesting case has led to the belief that it very fairly presents a question not peculiar to the admiralty, nor logically depending for existence on a state of war, although war presents the problem in an acute way, and one attracting more genera! attention than is commonly given to the events of peace. That question is: Was the performance of the contract, for tire breach of which this action is brought, prevented by the impossibility of performing it, within the modern meaning of that phrase?
[1] Much discussion has been had concerning the…
2Cases cited6 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Allanwilde Transport Corp. v. Vacuum Oil Co.Supreme Court of the United States · 1919
- Rowe v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1911
- Martin Emerich Outfitting Co. v. Siegel, Cooper & Co.Illinois Supreme Court · 1908
- Clarksville Land Co. v. HarrimanSupreme Court of New Hampshire · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Jansson v. Swedish American LineCourt of Appeals for the First Circuit · 1950
- Cheatham v. Wheeling & L. E. Ry. Co.District Court, S.D. New York · 1930
- Buffalo Union Furnace Co. v. United States Shipping Board Emergency Fleet Corp.District Court, W.D. New York · 1922