Legal Opinion

Revere Copper Co. v. The Augustine Kobbe

District Court, S.D. Alabama

Decided December 22, 1888PublishedCited by 7 opinions

In Admiralty. On exceptions to master’s report. The bark Kobbe was seized at Mobile September 12, 1888, under libel of the Revere Copper Company, for copper claimed to have been furnished at New York to her as a foreign vessel. The captain had given sundry drafts payable at Pensacola, whither, under a charter to Chiesa, (see Chiesa v. Conover, 36 Fed. Rep. 334,) the vessel was to have gone to take on a cargo of lumber for South America.

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In Admiralty. On exceptions to master’s report. The bark Kobbe was seized at Mobile September 12, 1888, under libel of the Revere Copper Company, for copper claimed to have been furnished at New York to her as a foreign vessel. The captain had given sundry drafts payable at Pensacola, whither, under a charter to Chiesa, (see Chiesa v. Conover, 36 Fed. Rep. 334,) the vessel was to have gone to take on a cargo of lumber for South America. Calling at Mobile to deliver freight, the master, Conover, whose wife was the owner, and aboard the bark, made what he conceived a more favorable charter than…

1Opinion of the Court

Toulmin, J.,

(after stating the facts as above.) The undisputed evidence as to the seamen is that they duly shipped at New York on the American bark Augustine Kobbe for a voyage from New York via Mobile and Pensacola to South America and return, hut that on the breaking up of the voyage at Mobile by seizure under the process of the court they were here discharged. Under the circumstances of this case, I cannot allow more than the wages due at the time of seizure. There is no proof of any special damage, and besides the evidence tends to show that they could have obtained other employment of…

2Cases cited5 opinions

  1. The DelawareSupreme Court of the United States · 1872
  2. The Maggie HammondSupreme Court of the United States · 1870
  3. Bast v. BankSupreme Court of the United States · 1879
  4. Paul v. The IlexU.S. Circuit Court for the District of Louisiana · 1876
  5. The Paul BoggsDistrict Court, D. Massachusetts · 1857

3Cited by7 opinions

  1. The PoznanCourt of Appeals for the Second Circuit · 1925
  2. Old Point Fish Co. v. HaywoodCourt of Appeals for the Fourth Circuit · 1940
  3. McCormick & Co. v. Anglo-American S. S. Agencies, Inc.Court of Appeals for the Fifth Circuit · 1922
  4. City of CamdenDistrict Court, S.D. Alabama · 1906
  5. Lykes Bros. v. Segari Export & Import Co.District Court, S.D. Florida · 1922

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