Banca di Genova v. The Sophie Wilhelmine
Court of Appeals for the Second Circuit
Appeal from tbe District Court of the United States for the Southern District of New York. In Admiralty. Libel by the Banca di Genova against the Swedish bark Sophie Wilhelmine for the enforcement of a bond given by the master of the bark for a loan, with .interest and penalties stipulated in case of nonpayment. The defense was that the bond was conditioned upon the earnings of freight on the voyage then contemplated, and that no freight was earned.
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Appeal from tbe District Court of the United States for the Southern District of New York. In Admiralty. Libel by the Banca di Genova against the Swedish bark Sophie Wilhelmine for the enforcement of a bond given by the master of the bark for a loan, with .interest and penalties stipulated in case of nonpayment. The defense was that the bond was conditioned upon the earnings of freight on the voyage then contemplated, and that no freight was earned. The district court sustained this defense, and dismissed the libel. Libelant appeals. Statement by WALLACE, Circuit Judge; On March 19,1888, the…
1Opinion of the Court
WALLACE, Circuit Judge,
(after stating the facts.) If the contract was a bottomry on the freight of the vessel to be earned on her voyage from Gabo de Gate to New York, the libelant was not entitled to recover, because no freight was earned, and consequently there was a total loss of the subject of the maritime risk. It is not disputed that it was a bottomry loan. That it was so is clear, because the contract provides that “in case of total loss the amount received as loan shall not be paid back.” The libelant insists that the subject of bottomry was the ship, as well as the freight, and the…
2Cited by2 opinions
- Andreasen v. Two Hundred & Ninety-Five Thousand Feet of LumberDistrict Court, D. Massachusetts · 1894
- Neall v. Union Marine Ins. Co.District Court, S.D. New York · 1899