Legal Opinion

The Eli Whitney

U.S. Circuit Court for the District of Southern New York

Decided October 15, 1848No. Case No. 4,345PublishedCited by 5 opinions

1Opinion of the Court

THE COURT

held that parol evidence was inadmissible to enlarge or vary the terms of the charter-party, there being no stipulation in it as to the precise amount of cargo to be carried, and that, in the case of a charter-party, a suit in rem was not maintainable for the misrepresentation or concealment of facts by the master or owner of a vessel in respect to her tonnage or capacity.

Decree affirmed.

2Cited by5 opinions

  1. Electro-Dynamic Co. v. The ElectronDistrict Court, S.D. New York · 1891
  2. Williams v. Providence Washington Ins.District Court, S.D. New York · 1893
  3. Beers v. Hamburg-American Packet Co.District Court, S.D. New York · 1894
  4. Dumois v. The BaracoaDistrict Court, S.D. New York · 1890
  5. Marubeni International Petroleum (Singapore) Pte Ltd. v. Prestige Marine Services Pte Ltd.District Court, S.D. New York · 2009