Donahoe v. Kettell
U.S. Circuit Court for the District of Massachusetts
[Appeal from the district court of the United States for the district of Massachusetts.] The respondents [John B. Kettell and others] chartered the brig Erie, at Boston, for a voyage to Port au Prince and back to Boston.
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[Appeal from the district court of the United States for the district of Massachusetts.] The respondents [John B. Kettell and others] chartered the brig Erie, at Boston, for a voyage to Port au Prince and back to Boston. By the terms of the charter-party, the whole of the vessel under the deck, with exception of the cabin, and necessary room for the crew, and storage of the sails, cables, and provisions, was to be at the disposal of the respondents, and- no merchandise was to be laden on board except for them; they were to pay eighteen hundred dollars for the. charter, as well as all foreign…
1Opinion of the Court
CLIFFORD, Circuit Justice.
Three grounds are assumed by the counsel of the libellants in support of the claim set up in the libel. In the first place, he insists that the charter-party in this case is a letting of the vessel, and not a contract of affreightment. He contends, in the second place, that if the contract is a letting of the vessel, her loss only exempts the charterers from their obligation to return her, but not from the payment of the freight. Thirdly, it is insisted that, if the contract is one of affreightment, still the libellants can recover a proportion of the charter money…
2Cases cited6 opinions
- Taggard v. LoringMassachusetts Supreme Judicial Court · 1820
- Clarkson v. EdesNew York Supreme Court · 1825
- Coffin v. StorerMassachusetts Supreme Judicial Court · 1809
- Barker v. CheriotNew York Supreme Court · 1807
- Blanchard v. BucknamSupreme Judicial Court of Maine · 1824
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- United States Fidelity & Guaranty Co. v. Iowa Telephone Co.Supreme Court of Iowa · 1916
- The T. A. GoddardDistrict Court, S.D. New York · 1882
- Townsley v. Crescent City Transp. Co.Court of Appeals for the Ninth Circuit · 1902
- Cutts v. FrostSuperior Court of New Hampshire · 1813