Murrell v. Whiting
Supreme Court of Alabama
[ACTION ON CHARTER-PARTY FOR BREACH BY CHARTERER Appeal from tlie City Court of Mobile. Tiled before the Hon. Alex. McKiNSTry. This action was brought by the appellees, as the owners of the ship European, to recover $15,000 damages for the defendant’s breach of contract, in failing to furnish said ship with a cargo for a voyage “ from Mobile to an Atlantic port in France.”
Read the full summary
[ACTION ON CHARTER-PARTY FOR BREACH BY CHARTERER Appeal from tlie City Court of Mobile. Tiled before the Hon. Alex. McKiNSTry. This action was brought by the appellees, as the owners of the ship European, to recover $15,000 damages for the defendant’s breach of contract, in failing to furnish said ship with a cargo for a voyage “ from Mobile to an Atlantic port in France.” The said ship was chartered by the defendant, on the 20th December, 1853, from J. P. "Whitney & Co., of New Orleans, who were the agents of the owners; the charter-party containing the following, with other stipulations: “…
1Opinion of the CourtRice, C. J.
The charter-party bears date December 20th, 1853. It provides, that it shall be binding for two successive voyages, on the terms therein specified; “one voyage to be from Mobile to Toulon, and the other voyage from Mobile to an Atlantie port in France.” It secures to the owners of the ship “the right, after the termination of the first voyage, to send the ship to any other port in Europe, to load for any port of the United States ; proceeding from such port to Mobile, to commence the second voyage.” It also reserves to the ship-owners “ the right to annul the contract for the second voyage,…
2Cases cited6 opinions
- Shannon v. ComstockNew York Supreme Court · 1839
- Rodemer v. GonderCourt of Appeals of Maryland · 1850
- George v. Cahawba & Marion Rail RoadSupreme Court of Alabama · 1845
- Nesbitt v. WareSupreme Court of Alabama · 1857
- Newhall v. VargasSupreme Judicial Court of Maine · 1839
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Strauss v. MeertiefSupreme Court of Alabama · 1879
- Sullivan v. McMillanSupreme Court of Florida · 1896
- Culver v. HillSupreme Court of Alabama · 1880
- Seaboard A. L. Ry. Co. v. Anniston Manufacturing Co.Supreme Court of Alabama · 1914
- Louisville & Nashville Railroad v. Sullivan Timber Co.Supreme Court of Alabama · 1903
4 more not listed; retrieve them via the Exa API.