Propeller Company v. United States
Supreme Court of the United States
Appeal from the Court of Claims; the ease being this: The New Bedford and New York Propeller Company, by a charter-party dated the 5th of April, 1864, chartered a steamer to the United States at $150 per day.
Read the full summary
Appeal from the Court of Claims; the ease being this: The New Bedford and New York Propeller Company, by a charter-party dated the 5th of April, 1864, chartered a steamer to the United States at $150 per day. The charter-party contained these clauses: “The war risk is to be borne by the United States, the marine risk by the owner, for a period of thirty days, and as much longer as the service^ of the vessel may be required to be employed in such service as the United States may direct. “ The vessel is valued at $40,000, and should she be retained so long in the service of the United States…
1Opinion of the CourtJustice Strong
The agreement between the plaintiffs and the United States was not a mere contract of affreightment. The vessel, it is true, was let to hire for an indefinité period, not less than thirty days, and the charterers undertook to pay $150 for .each and every day she might be employed under the contract, and to bear the war risk, the marine risk being borne by the plaintiffs. But, beyond this, the contract looked to a sale of the vessel to the charterers at a stipulated price. Her value was fixed at $40,000, and it was agreed that should she be retained in the service of the United States until…
2Cited by4 opinions
- Burroughs Corporation v. Richard H. Barry, as Trustee in Bankruptcy of Dalco American Enterprises, Inc., BankruptCourt of Appeals for the Eighth Circuit · 1967
- Klebe v. United StatesUnited States Court of Claims · 1922
- United States Lines Co. v. United StatesDistrict Court, S.D. New York · 1943
- Plant Investment Co. v. United StatesUnited States Court of Claims · 1910