The Volunteer
District Court, D. Massachusetts
[Appeal from the district court of the United States for the district of Massachusetts.] Libel in rem for freight, brought by Ezra Weston, libellant, against the proceeds of the cargo of the schooner Volunteer, for freight asserted to be due to the libellant, as owner of the vessel, and earned under a charter-party made by the libellant with Messrs. Bixby, Valentine & Co. on a voyage from Bostou. (Massachusetts,) to Havana in the Island .of Cuba, and back, again to Boston.
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[Appeal from the district court of the United States for the district of Massachusetts.] Libel in rem for freight, brought by Ezra Weston, libellant, against the proceeds of the cargo of the schooner Volunteer, for freight asserted to be due to the libellant, as owner of the vessel, and earned under a charter-party made by the libellant with Messrs. Bixby, Valentine & Co. on a voyage from Bostou. (Massachusetts,) to Havana in the Island .of Cuba, and back, again to Boston. In the course of the voyage Messrs. Bixby. Valentine & Co. failed in business, and the proceeds of the outward cargo,…
1Opinion of the Court
STORY, Circuit Justice.
This is the case of a libel in rem for freight earned under a charter-party, brought by the general owner of the schooner Volunteer against the homeward cargo, (the proceeds being substituted for it by consent of parties.) which the claimants assert a title to under an assignment of the charterers, who became insolvent in the course of the voyage.
Three questions have been made at the bar. First, whether the district court possesses jurisdiction, as a court of admiralty and maritime jurisdiction, over the cause. Secondly, who, upon the true interpretation of the terms of…
2Cases cited1 opinion
- Clarkson v. EdesNew York Supreme Court · 1825
3Cited by18 opinions
- Gray v. Freights of the KateDistrict Court, S.D. New York · 1894
- Raymond v. TysonSupreme Court of the United States · 1855
- Jebsen v. A Cargo of HempDistrict Court, D. Massachusetts · 1915
- American Steel-Barge Co. v. Cargo of Coal ex the City of EverettDistrict Court, D. Massachusetts · 1901
- Shaw v. United StatesSupreme Court of the United States · 1876
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