Dorrance v. Barber & Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit by John M. Dorrance and others, trading as Dorrance & Co., against Barber & Co., Incorporated. Decree for respondent, and libel-ants appeal. Bespondent corporation owns and operates a line of freight steamers. A contract was made by it with libelant, expressed in a broker’s note, of which the following is the materia! portion: “Engaged for account of Messrs.
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Appeal from the District Court of the United States for the Southern District of New York. Suit by John M. Dorrance and others, trading as Dorrance & Co., against Barber & Co., Incorporated. Decree for respondent, and libel-ants appeal. Bespondent corporation owns and operates a line of freight steamers. A contract was made by it with libelant, expressed in a broker’s note, of which the following is the materia! portion: “Engaged for account of Messrs. Dorrance & Co. (shipper). “Destination — Vladivostock; Steamer — Barber Line. With Barber & Co., Agents. 1,000 bales compressed cotton at…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [ 1 ] The agreement herein involved is accurately described as a contract for freight, if not strictly a contract of affreightment, and for present purposes there is no difference between the phrases. The contest before us is shortly, but sufficiently, stated by inquiring whether such a contract is a “mercantile contract,” as those words have been used in a long line of decisions of controlling authority.
*491Charter parties are mercantile contracts (Lowber v. Bangs, 2 Wall. 728, 17 L. Ed. 768), and so are contracts for the sale of chattels (Norrington v.…
2Cases cited6 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Lowber v. BangsSupreme Court of the United States · 1865
- National Surety Co. v. LongCourt of Appeals for the Eighth Circuit · 1903
- Davison v. Von LingenSupreme Court of the United States · 1885
- Frankfurt-Barnett Co. v. William Prym Co.Court of Appeals for the Second Circuit · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Earn Line S. S. Co. v. Sutherland S. S. Co.Court of Appeals for the Second Circuit · 1920
- Heiskell v. Furness, Withy & Co.Court of Appeals for the Second Circuit · 1925
- Matthew Smith Tea, Coffee & Grocery Co. v. LambornCourt of Appeals for the Second Circuit · 1926
- Pierson & Co. v. Iwai & Co.District Court, S.D. New York · 1920
- American Mercantile Corp. v. SpielbergCourt of Appeals for the Second Circuit · 1919
4 more not listed; retrieve them via the Exa API.