J. J. Moore & Co. v. Cornwall
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern District of California. On January 16, 1902, the ship Spartan was chartered to J. J. Moore & Company, a corporation, to carry a full and complete cargo of grain, lumber, Andyor other lawful merchandise from San Francisco to Sydney or Melbourne, as the charterer should elect;'the owners to be paid $9,730 if the cargo was discharged at Sydney, and $11,200 if at Melbourne.
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Appeal from the District Court of the United States for the Northern District of California. On January 16, 1902, the ship Spartan was chartered to J. J. Moore & Company, a corporation, to carry a full and complete cargo of grain, lumber, Andyor other lawful merchandise from San Francisco to Sydney or Melbourne, as the charterer should elect;'the owners to be paid $9,730 if the cargo was discharged at Sydney, and $11,200 if at Melbourne. The charter party provided for 14 lay days, to commence 24 hours after the vessel was at the dock at San Francisco ready to receive cargo. It contained also…
1Opinion of the CourtGilbert, Circuit Judge
The appellant contends that in the provision of the charter party that the vessel was to be tight, staunch, strong, and in every way-fitted and provided for the contemplated voyage, there was .an implied warranty that she should be a proper subject for insurance at the ordinary rates for the cargo and the voyage, and that there was a breach of the warranty. The appellant’s president testified that he applied to insurance brokers, and that they reported to him that they were unable to obtain such insurance. Their report is embodied in their letters to the appellant of date January 27, 1902,…
2Cases cited21 opinions
- Kihlberg v. United StatesSupreme Court of the United States · 1878
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- United States v. GleasonSupreme Court of the United States · 1900
- Warren v. StoddartSupreme Court of the United States · 1882
- Sweeney v. United StatesSupreme Court of the United States · 1884
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