Legal Opinion

Brothers Valley Coal Co. v. Minott

District Court, S.D. New York

Decided February 25, 1913PublishedCited by 1 opinion

In Admiralty. Suit by the Brothers Valley Coal Company against Charles V. Minott, Jr., and others. Decree for libelant.

1Opinion of the Court

HAZEL, District Judge.

Dibel to recover damages sustained on account of breach of charter party.

In view of the charter party, containing an implied w'arranty that the schooner Frances M. should be seaworthy and fit for carrying the merchandise therein specified, and that, on discharge of her cargo then on board, she would proceed without unnecessary delay to load, at Baltimore, her failure to do so on the ground specified does not relieve her from the breach. The contention that the warranty as to her seaworthiness did not, in fact, attach until the beginning of the voyage, is not germane to…

2Cases cited3 opinions

  1. Sumner v. CaswellDistrict Court, S.D. New York · 1884
  2. Gill & Fisher, Ltd. v. BrowneCourt of Appeals for the Third Circuit · 1892
  3. Heller v. PendletonDistrict Court, S.D. New York · 1906

3Cited by1 opinion

  1. Armour Grain Co. v. Compagnie Generale TransatlantiqueDistrict Court, S.D. New York · 1925

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