Janion v. Fox
Hawaii Supreme Court
The facts necessary to the understanding of this case are briefly as follows: In the month of May, 1854, the British ship Conrad was chartered for voyage from Liverpool to Honolulu, to carry a cargo of merchandise.
Read the full summary
The facts necessary to the understanding of this case are briefly as follows: In the month of May, 1854, the British ship Conrad was chartered for voyage from Liverpool to Honolulu, to carry a cargo of merchandise. She proceeded to take in her cargo, part of which consisted of 181 tons of coal, the freight of which, amounting to £1010 12s 6d, was to be paid, as by charter party, upon delivery “ in the like good order and condition at the port of Honolulu, (all and every dangers and accidents of the seas and of navigation, of whatsoever nature and kind excepted,) unto Robert C. Janion or his…
1Opinion of the Court
Chief Justice Lee,
after going over the facts of the case, delivered judgment as follows:
The first question arising in this matter is, that of the jurisdiction of this court. The libellant prays that the court will decree him possession of the cargo, and the learned counsel for the defendant contends that the court has no power or jurisdiction to make such a decree, but can only, in such cases, decree damages for the non-delivery if the master is in fault.
The contract upon which this suit is based is a maritime contract, and this action is in the nature of a libel in rein to recover the…
2Cases cited1 opinion
- Robinson v. Marine Insurance Co.New York Supreme Court · 1807
3Cited by4 opinions
- George Hess v. Sam Paulo, Sr.Hawaii Supreme Court · 1949
- Civil Aeronautics Board v. Island Airlines, Inc.District Court, D. Hawaii · 1964
- State v. ColeSupreme Court of South Carolina · 1822
- Porter v. Kapiolani Estate, Ltd.Hawaii Supreme Court · 1907