Revere Copper Co. v. The Augustine Kobbe
District Court, S.D. Alabama
In Admiralty. On claim for damages for breach of charter-party. The damages allowed by the court after amendment of the libel were calculated on the difference in freight rates between the violated charter and the one made after the filing of the libel, but under which the cargo had actually to be shipped at an advance. For main case, and full statement of facts, see same case, ante, 696.
1Opinion of the CourtToulmin, J.
A plaintiff cannot recover as principal a sum larger than he demands by his declaration, but interest may be added if the ad damnum be sufficient to cover it.
I have disallowed as damages under the breach of the Kobbe charter the item of $343, advanced by libelants as charterers, and claimed as a part of such damages, because the same was advanced after the seizure of the vessel. From the evidence it appears that this claim, arose while the vessel was in the custody of the court, and, as it ivas not necessary for the due care and preservation of the vessel, it cannot be recognized as alien.…
2Cited by5 opinions
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