Crow v. Myers
District Court, E.D. Virginia
(Syllabus by the Court.) Libel in Admiralty on an Alleged Breach of Charter-Party, for Damages Claimed of $6,666.57. The charter-party which is the basis of this action contains, among others, the following clauses: “Norfolk, Nov. 15, 1888. “It is this day mutually agreed between agents for owners of the British steam-ship Cambodia, of Liverpool, of 1,969 net tons register, or thereabouts, now expected passing Gibraltar to-day to-New York direct, and Myers & Co., Norfolk,…
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(Syllabus by the Court.) Libel in Admiralty on an Alleged Breach of Charter-Party, for Damages Claimed of $6,666.57. The charter-party which is the basis of this action contains, among others, the following clauses: “Norfolk, Nov. 15, 1888. “It is this day mutually agreed between agents for owners of the British steam-ship Cambodia, of Liverpool, of 1,969 net tons register, or thereabouts, now expected passing Gibraltar to-day to-New York direct, and Myers & Co., Norfolk, Ya., charterers, that the said steamer, being tight, staunch, strong, &e., shall, with all convenient speed, sail and…
1Opinion of the Court
Hughes, J.,
(after stating the facts as above.) The foregoing statement embraces the controlling facts of the case under consideration, drawn from a great mass of evidence on file. The question of the case is whether the libelants, stricti juris, had on the 24th December, 1888, complied with the requirements of the charter-party, as to readiness to receive cargo, and whether the respondents had a technical right to cancel that instrument. I say stricti juris, because, although courts of admiralty, as courts of *813equity, are in general reluctant to enforce forfeitures, or to justify recourse to…
2Cases cited1 opinion
- Lowber v. BangsSupreme Court of the United States · 1865
3Cited by2 opinions
- United States v. Bowring & Co.District Court, S.D. New York · 1926
- United States v. Bowring & Co.Court of Appeals for the Second Circuit · 1933