Legal Opinion

Holyoke v. Depew

District Court, S.D. New York

Decided April 15, 1868PublishedCited by 3 opinions

This was a libel for the breach of a charter party, brought by the owners of the schooner Ocean Belle against her charterer.

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This was a libel for the breach of a charter party, brought by the owners of the schooner Ocean Belle against her charterer. The charter was made at New York, on the 18th of May, 1866, by [George E.] Holyoke and [James] Murray to William Depew, and chartered the vessel for a voyage from Bath, Maine, to Charleston, South Carolina, “thence to Palmas, Grand Canary, and discharge outward cargo, and load part there, and the rest at one or two ports at Fuerte-ventura or Lanzarote, or one port in each of them, and back to New York.” The charter provided that the vessel should receive on board,…

1Opinion of the Court

BLATCHFORD, District Judge.

The principal question contested in this case is, whether the respondent is liable for dead freight, or damages in lieu of freight, on the barilla called for in the charter party. It is contended, on the part of the libel-lants, that the health regulations of the islands did not suspend, impair, or dissolve the contract; that the vessel was in no fault; that the charterer was in fault in not supplying the barilla; and that the prohibition of the authorities fell on the charterer and not on the vessel. On the part of the respondent it is contended, that it was, by…

2Cases cited1 opinion

  1. Brooks v. MinturnCalifornia Supreme Court · 1851

3Cited by3 opinions

  1. Richards & Co. v. WreschnerAppellate Division of the Supreme Court of the State of New York · 1916
  2. Richards & Co. v. WreschnerNew York Supreme Court · 1915
  3. Falls of Keltie S. S. Co. v. United States & Australasia S. S. Co.District Court, S.D. New York · 1901

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