The Harriman
U.S. Circuit Court for the District of California
[Appeal from the district court of the United States for the district of California.] On the seventh of May, 1866, C. J. Jansen, the owner of the ship B. L. Harrimau, chartered her to Joseph Bmeric, the libellant, for a voyage from San Francisco to Cobija, Bolivia, or other ports in the Pacific, the port of discharge to be designated before the sailing of the vessel.
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[Appeal from the district court of the United States for the district of California.] On the seventh of May, 1866, C. J. Jansen, the owner of the ship B. L. Harrimau, chartered her to Joseph Bmeric, the libellant, for a voyage from San Francisco to Cobija, Bolivia, or other ports in the Pacific, the port of discharge to be designated before the sailing of the vessel. The charter-party provided that instructions for the vessel should be given by letter in triplicate, and if the vessel proceeded pursuant to them direct to Valparaiso, the commanding officer of the Spanish navy, who was supposed…
1Opinion of the Court
FIELD, Circuit Justice.
The charter-party provided for a voyage to any port of the Pacific, to be named before the sailing of the vessel, and for written instructions upon this point. These instructions were given in the letter of May 14, and the port of Valparaiso was named. The contract thus became, in this particular, clear and explicit. The charter-party stipulated for the exercise of certain rights over the coal and vessel by the commander of the Spanish navy at Valparaiso, and the instructions repeated the stipulation, and directed the master of the vessel when there to report to him.…
2Cases cited4 opinions
- Watson v. DuykinckNew York Supreme Court · 1808
- Scott v. LibbyNew York Supreme Court · 1807
- Phelps v. WilliamsonThe Superior Court of New York City · 1852
- Burrill v. CleemanNew York Supreme Court · 1819