Gastover v. Maiden City
District Court, S.D. Alabama
In Admiralty. Libel for excess of freight earned. January 7, 1884, A. Berryman, as the master and agent of the bark Maiden City, of St. John, New Brunswick, then at Newport News, Virginia, chartered that vessel to A. Gastover to take a cargo of cotton from Norfolk, Virginia, to Barcelona, thence to proceed in ballast to Trapani, Sicily, and there take on a cargo of 1,300 tons of salt and carry the same to Boston or Gloucester, Massachusetts.
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In Admiralty. Libel for excess of freight earned. January 7, 1884, A. Berryman, as the master and agent of the bark Maiden City, of St. John, New Brunswick, then at Newport News, Virginia, chartered that vessel to A. Gastover to take a cargo of cotton from Norfolk, Virginia, to Barcelona, thence to proceed in ballast to Trapani, Sicily, and there take on a cargo of 1,300 tons of salt and carry the same to Boston or Gloucester, Massachusetts. The lump sum to he paid was £1,800—£1,200 at Barcelona, and the balance on delivery of the salt. On the same day the master made a subcharter-party with…
1Opinion of the Court
Toulmin, J.,
(after stating the facts as above.) The issue‘between the parties is as to the right of libelant to recover from the bark Maiden City the excess of freight collected by the master on the salt cargo under the subcharter-party; that is to say, the amount of freight collected by him over and above that due the ship under the original or lump-sum charter-party.
The several charter-parties should be taken and considered together, in order to ascertain what the contract really was between the parties. The lump-sum charter-party provides that the freights which are earned under the…
2Cited by2 opinions
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- The AliceDistrict Court, W.D. Washington · 1909