Legal Opinion

Poland v. The Spartan

District Court, D. Maine

Decided July 1, 1828PublishedCited by 1 opinion

[This was a libel by James Poland and others, against the freight and cargo of The Spartan (Jacob Quincy, Charles Pox, Joseph E. Poxcraft, and Robert H. Thayer, claimants).] The facts upon which this ease turns, lie in a narrow compass, and are not controverted. William J. and Charles E. Quincy chartered the brig Spartan of Zadock Prince and others, owners, for a voyage from Portland to the Western Islands, and back to Portland.

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[This was a libel by James Poland and others, against the freight and cargo of The Spartan (Jacob Quincy, Charles Pox, Joseph E. Poxcraft, and Robert H. Thayer, claimants).] The facts upon which this ease turns, lie in a narrow compass, and are not controverted. William J. and Charles E. Quincy chartered the brig Spartan of Zadock Prince and others, owners, for a voyage from Portland to the Western Islands, and back to Portland. The charterers, by the terms of the charter party, were to victual and man the ship, and bear all other charges, and pay for the hire of the vessel at the rate of one…

1Opinion of the Court

WARE, District Judge.

This is a case, novel in its form, and important in the principles which it involves; and it has very naturally excited considerable interest among mercantile men for the direct bearing it has on the great shipping interests of the country. It has been argued with eminent ability on both sides, and it is but an act of justice on my part to acknowledge my obligations to the learned counsel, for the pleasure as well as the assistance which I have received in coming to a result, from the very elaborate discussion of the questions which arise in the case. In my examination, I…

2Cited by1 opinion

  1. Tibbol v. MarionDistrict Court, N.D. California · 1897

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