Richardson v. Winsor
U.S. Circuit Court for the District of Massachusetts
• [Appeal from the district court of the United States for the district of Massachusetts.] Libel by the owners of the ship against the charterers to recover charter-money. Damages were claimed by the libellants [Henry L. Richardson and others] of the respondents [Nathaniel Winsor] for a breach of the covenants and agreements contained in the charter-party annexed to the libel.
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• [Appeal from the district court of the United States for the district of Massachusetts.] Libel by the owners of the ship against the charterers to recover charter-money. Damages were claimed by the libellants [Henry L. Richardson and others] of the respondents [Nathaniel Winsor] for a breach of the covenants and agreements contained in the charter-party annexed to the libel. They were the owners of the ship called The Commodore, and the respondents were the charterers of the ship for a voyage from Boston to San Francisco on the conditions expressed in the charter-party. By the terms of the…
1Opinion of the Court
CLIFFORD, Circuit Justice.
Objection is made to the jurisdiction of the district court, and as that question is in its nature preliminary, it will first be considered. Viewed solely as a claim to recover money paid for the respondents, it would certainly be difficult to sustain the jurisdiction of the district court, sitting in admiralty, as the libel in that state of the case would be simply another form for the common-law action of assumpsit for money paid, laid out, and expended. But such is not the nature of the claim made by the libellants, nor does it express the real relation which…
2Cited by12 opinions
- United States v. HvoslefSupreme Court of the United States · 1915
- Swanzy v. WebsterDistrict Court, D. Maine · 1890
- The Capitaine FaureCourt of Appeals for the Second Circuit · 1926
- Starin's City, River & Harbor Transp. Co. v. BurnsDistrict Court, S.D. New York · 1892
- The T. A. GoddardDistrict Court, S.D. New York · 1882
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