Watts v. Camors
Supreme Court of the United States
APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA. This was a libel in admiralty by a citizen of London in the Kingdom of Great Britain, owner of. the steamship Highbury, against two citizens of, New Orleans in the State of Louisiana, upon a charter-party the terms of which were as follows : “ This. charter-party, made and concluded upon in the city of New-Orleans,' La., the 7th day of August, 1879, between A. B. French & Co., agents…
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APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA. This was a libel in admiralty by a citizen of London in the Kingdom of Great Britain, owner of. the steamship Highbury, against two citizens of, New Orleans in the State of Louisiana, upon a charter-party the terms of which were as follows : “ This. charter-party, made and concluded upon in the city of New-Orleans,' La., the 7th day of August, 1879, between A. B. French & Co., agents for the owners of Steamship High-bury, of the burthen of 1100 tons, or thereabouts, .registered measurement, now due here…
1Opinion of the CourtJustice Grat
He stated the facts in the language reported above, and continued:
In this case, as brought before us by the appeal and the cross-appeal, three questions have been argued, which 'may naturally and conveniently be considered in the following' order-:
1st. Is the statement of the registered tonnage of the High-bury in the charter-party a warranty or condition precedent ?
2d. If it is not, is the owner of the ship entitled to recover the estimated amount of freight, that is to say, the sum of $20,-872.50, as liquidated damages ?
■ 3d. If both these questions are answered in the negative, have the…
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