City of New York
U.S. Circuit Court for the District of Southern New York
In admiralty. This was a libel in rem, filed by Pennell Churchman and others, in the district court, against the steam-propeller City of New York, to recover the price of 130 tons of coal, furnished to that vessel at Porto Cabello, on the isthmus of Darien. The propeller, at the time the coal was furnished to her, was under charter to the firm of Haight & Palmer, of New York.
Read the full summary
In admiralty. This was a libel in rem, filed by Pennell Churchman and others, in the district court, against the steam-propeller City of New York, to recover the price of 130 tons of coal, furnished to that vessel at Porto Cabello, on the isthmus of Darien. The propeller, at the time the coal was furnished to her, was under charter to the firm of Haight & Palmer, of New York. The purchase price of the coal was §2,080. Captain Thompson, the agent of the libellants, who sold the coal, received from the purser of the propeller, on the sale, §1,000 in cash, and a draft on Haight & Palmer, for…
1Opinion of the Court
NELSON, Circuit Justice.
1. I am strongly inclined to think that Haight & Palmer, the charterers of the vessel in this case, are to be deemed owners of her for the voyage. If so, the purser of the vessel, who was their agent, was competent to bind her for the necessary supply of coal at *Porto Cabello; and this, although the person furnishing it knew of the charter, and knew that, according to its terms, the charterers were bound to furnish coal for the voyage. Upon any other rule, the master or agent of a vessel in distress, in a foreign port, would oftentimes find himself unable to procure…
2Cited by3 opinions
- Wigton v. The BombayDistrict Court, E.D. Louisiana · 1888
- The IndiaDistrict Court, S.D. New York · 1882
- Baker Whitely Coal Co. v. The PirateDistrict Court, D. Maryland · 1887