Kleine v. Catara
U.S. Circuit Court for the District of Massachusetts
The material facts in this case were as follows: Catara was owner of the Greek ship Jerusalem, which arrived at New York with a cargo of wine. On the 16th of May, 1813, a charter party was entered into between the plaintiff, and the master of the ship on behalf of Catara, whereby the whole tonnage of the hold and between decks of the ship was let to the plaintiff from the port of Havana to New York, or, in case of a blockade of that port, to Fairfield in Connecticut.
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The material facts in this case were as follows: Catara was owner of the Greek ship Jerusalem, which arrived at New York with a cargo of wine. On the 16th of May, 1813, a charter party was entered into between the plaintiff, and the master of the ship on behalf of Catara, whereby the whole tonnage of the hold and between decks of the ship was let to the plaintiff from the port of Havana to New York, or, in case of a blockade of that port, to Fairfield in Connecticut. It was flrrther agreed, that the ship should sail from New York to Havana, with so much of the imported cargo of wine, as the…
1Opinion of the Court
STORY, Circuit Justice.
In this case, a submission having been made “of this action and. all demands, which the defendant has against the plaintiff,” the referees have made a special award, stating the grounds and principles of their award. A motion has been made to set aside this award on the ground, that the referees have committed mistakes in point of law, and have not awarded upon all the matters submitted to them. In support of these.objections, it has been argued, that if the referees mistake in a plain point of law or fact, either apparent upon the award itself, or made out in proof,…
2Cases cited6 opinions
- Underhill v. Van CortlandtNew York Court of Chancery · 1817
- Webster v. LeeMassachusetts Supreme Judicial Court · 1809
- Bird v. CaritatNew York Supreme Court · 1807
- M'Intire v. BowneNew York Supreme Court · 1806
- Hodges v. HodgesMassachusetts Supreme Judicial Court · 1812
1 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Wilko v. SwanSupreme Court of the United States · 1953
- Red Cross Line v. Atlantic Fruit Co.Supreme Court of the United States · 1924
- Fudickar v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1875
- The Gazelle and CargoSupreme Court of the United States · 1888
- New York & Cumberland R. Co. v. MyersSupreme Court of the United States · 1856
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