Selover v. Schoellkopf
Court of Appeals for the Second Circuit
Tbis cause comes here upon an appeal from a decree of the district court, Northern district of New York, in favor of libelants for damages arising from a breach of contract made between them and the owner of the canal boats. Libelants proceeded in rem in admiralty upon the theory that the contract was a charter party.
1Per curiam
A charter party is a “contract in writing, by which an entire ship, or some principal part thereof, is let for the specified purposes of the charterer during á specified term, or for a specified voyage, in consideration of a certain sum of money per month or per ton, or both, or for the whole period or adventure described.” Macl. Shipp. (4th Ed.) p. 354. Controversies arising upon charter parties are cognizable in admiralty because they are maritime contracts; but there are many contracts relating more or less to navigation and commerce which are not coghizable in ad-*657Iy. “The distinction…
2Cases cited5 opinions
- The ThamesDistrict Court, S.D. New York · 1881
- Marquardt v. FrenchDistrict Court, S.D. New York · 1893
- Mallory v. The Crystal StreamDistrict Court, S.D. New York · 1885
- Diefenthal v. Hamburg-Amerikanische Packetfahrt Actien-GesellschaftDistrict Court, E.D. Louisiana · 1891
- Torices v. Winged RacerDistrict Court, S.D. New York · 1858
3Cited by18 opinions
- Shipping Financial Services Corporation v. William J. Drakos, Duke Petroleum Transport Corporation and Omi Petrolink CorporationCourt of Appeals for the Second Circuit · 1998
- The SeveranceCourt of Appeals for the Fourth Circuit · 1945
- Cory Bros. & Co. v. United StatesCourt of Appeals for the Second Circuit · 1931
- Pacific Surety Co. v. Leatham & Smith Towing & Wrecking Co.Court of Appeals for the Seventh Circuit · 1907
- Peralta Shipping Corporation v. Smith & Johnson (Shipping) Corp.Court of Appeals for the Second Circuit · 1984
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