The Monte A.
District Court, S.D. New York
The libel in this case was filed against the Monte A. in rem to recover damages for the breach of an alleged contract of charter-party, whereby the owners agreed with the libellant that the Monte A., then' on her way to Europe, should, upon her return, proceed to Baltimore to carry a cargo of grain for the libellant. Upon her return the vessel did not proceed to Baltimore, her owners denying that any valid contract with the charterer had been executed.
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The libel in this case was filed against the Monte A. in rem to recover damages for the breach of an alleged contract of charter-party, whereby the owners agreed with the libellant that the Monte A., then' on her way to Europe, should, upon her return, proceed to Baltimore to carry a cargo of grain for the libellant. Upon her return the vessel did not proceed to Baltimore, her owners denying that any valid contract with the charterer had been executed. The vessel was arrested at the commencement of this action, and was released upon the usual bond, with sureties, under the act of March 3,…
1Opinion of the Court
BrowN, D. J.
The action in this case is brought for the breach of a contract of charter-party wholly executory. The vessel never entered upon the performance of the contract or of any part of it. In such cases it has been repeatedly declared by the supreme court that no lien exists upon the vessel. The Freeman, 18 How. 182; The Yankee Blade, 19 How. 82; The Keokuk, 9 Wall, 517, 519. The point has been directly adjudicated in several cases in this court and in other courts, and libels in rem dismissed upon that ground. The General Sheridan, 2 Ben. 294; The William Fletcher, 8 Ben. 537; The…
2Cases cited23 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Vandewater v. MillsSupreme Court of the United States · 1857
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- Atkins v. Disintegrating Co.Supreme Court of the United States · 1874
- Eber B. Ward, Survivor, &C., Owner of the Steamboat Detroit v. Charles ThompsonSupreme Court of the United States · 1859
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