The General Sheridan
District Court, S.D. New York
On the 19th of March, 1867, the schooner General Sheridan was chartered to Eberhard Faber, by a written charter party entered into at New York; The vessel was then at sea, and the charter was for a voyage from one or more of several named places of loading on the west coast of Florida to New York.
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On the 19th of March, 1867, the schooner General Sheridan was chartered to Eberhard Faber, by a written charter party entered into at New York; The vessel was then at sea, and the charter was for a voyage from one or more of several named places of loading on the west coast of Florida to New York. Faber afterward filed his libel against the vessel in rem, alleging a breach of the charter, in that the vessel did not, as she was required to do by the charter party, proceed to any of the ports of loading therein mentioned, or give notice of her readiness to receive cargo, or take any cargo, but…
1Opinion of the Court
BLATCIIFORD, District Judge.
Authority can bo found for maintaining the libel in this case. Thus, in the ease of The Pacific [Case No. 10,643], decided in 1S50, Mr. Justice Nelson, in the circuit court for this district, says, that it is not necessary, in order to give jurisdiction to the admiralty in rem, in the case of a contract, maritime in its nature and object, that the vessel should have entered upon the performance, and that the breach should have occurred in the course of the voyage; and that, if the vessel refuses to receive the cargo on board, when it is at her side ready to be…
2Cited by6 opinions
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- The SaturnusCourt of Appeals for the Second Circuit · 1918
- The Thomas P. SheldonDistrict Court, D. Rhode Island · 1902
- Bennitt v. The Guiding StarDistrict Court, S.D. Ohio · 1893
- Forwood v. The Caroline MillerDistrict Court, S.D. New York · 1892
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