Disney v. Furness, Withy & Co.
District Court, D. Maryland
This libel was filed March 19, 1896, on behalf of Messrs. Bickinson, Son & Co., of West Hartlepool, England, owners of the British steamship “Aries,” to recover the damages caused by the refusal of the respondents to load the steamship when tendered to them, on March 15, 1896, at Newport News, Ya., in violation, as the libel-ants allege, of a contract of affreightment. ■ The contract stipulaied that the shippers shoidd have the right to cancel the contract if the steamer was…
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This libel was filed March 19, 1896, on behalf of Messrs. Bickinson, Son & Co., of West Hartlepool, England, owners of the British steamship “Aries,” to recover the damages caused by the refusal of the respondents to load the steamship when tendered to them, on March 15, 1896, at Newport News, Ya., in violation, as the libel-ants allege, of a contract of affreightment. ■ The contract stipulaied that the shippers shoidd have the right to cancel the contract if the steamer was not ready for cargo on or before March 15, 1896. The steamer arrived at Newport News about 10 o’clock in Hie evening of…
1Opinion of the Court
MORRIS, District Judge.
It was objected in argument that this suit was improperly brought in the name of Disney, the master of the Aries, on behalf of himself and the owners, but should have been brought in the names of the owners themselves. This objection was not taken in the answer, which admits that Disney is the master and bailee of the ship.
In Benedict’s Admiralty (3d Ed. § 384) the rule is thus stated:
“The master’s general agency for the owner in relation to the ship and his special property in her and her .cargo and freight authorizes him to bring in his own name actions which- the…
2Cases cited4 opinions
- Commander-In-ChiefSupreme Court of the United States · 1864
- Raymond v. TysonSupreme Court of the United States · 1855
- Brown v. Gill & Fisher, Ltd.District Court, E.D. Pennsylvania · 1892
- Gill & Fisher, Ltd. v. BrowneCourt of Appeals for the Third Circuit · 1892
3Cited by2 opinions
- Farnum v. RamseyMassachusetts Supreme Judicial Court · 1918
- Bonanno v. Tweedie Trading Co.District Court, S.D. New York · 1902