Boyd v. Moses
Supreme Court of the United States
This, was an action in personam-, brought originally in the District Court for the Southern District of New York, by ' the libellants against the appellants, to recover a balance due upon á charter-party. The District Court rendered a decree dismissing the libel. The Circuit Court for the district reversed that decree, and rendered a decree for the libellants.
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This, was an action in personam-, brought originally in the District Court for the Southern District of New York, by ' the libellants against the appellants, to recover a balance due upon á charter-party. The District Court rendered a decree dismissing the libel. The Circuit Court for the district reversed that decree, and rendered a decree for the libellants. From this last decree an appeal was taken to this court. ' The charter-party was executed in July, 1862, at the city of New York, in the harbor of which city the ship then lay. The voyage stipulated was to be from New York to Havre,…
1Opinion of the CourtJustice Field
The stipulation of the charter-party to take a cargo of lawful merchandise necessarily implied that the articles composing the cargo should be in such condition, and be put.up in such form, that they could- be stowed and carried without one part damaging the other. Whether in any case articles offered can be taken with safety to other articles, will depend upon a variety of considerations; the nature of the articles, the state of the weather, the voyage contemplated, the amount of cargo already received, and other particulars. Lard, for example, can be carried in winter to a northern port in…
2Cited by3 opinions
- Atlantic Fruit Co. v. SolariDistrict Court, S.D. New York · 1916
- Birt v. HardieDistrict Court, S.D. New York · 1904
- Turner v. Cargo of Resawn Pitch Pine Timber & LumberDistrict Court, N.D. Florida · 1918