McGilvery v. Capen
Massachusetts Supreme Judicial Court
Action of contract to recover for the use and employment of the Barque Fanny Buck, from the 21st of October 1853, when the vessel was delivered into the possession of the defendants, to the 29th of December 1853, when she was wrecked upon Race Point, Cape Cod, and afterwards abandoned to the insurers, and paid for by them as a total loss.
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Action of contract to recover for the use and employment of the Barque Fanny Buck, from the 21st of October 1853, when the vessel was delivered into the possession of the defendants, to the 29th of December 1853, when she was wrecked upon Race Point, Cape Cod, and afterwards abandoned to the insurers, and paid for by them as a total loss. The plaintiffs claimed payment at the rate fixed by a charter party, dated September 23d 1853, by which they chartered the barque to the defendants “ for a voyage or voyages to any ports or places to which the said parties of the second part may think fit to…
1Opinion of the CourtBigelow, J.
By the terms of this charter party, the vessel was hired “ for and during the term of twelve months ” absolutely, and for such further time as the defendants might “ elect, not exceeding eight months, or twenty months in all,” unless, at the expiration of the twenty months, the vessel should be “ on a voyage, in which case the charter is to continue until the voyage shall be completed by a return to an- Atlantic port in the United States.” It was therefore a hiring of the vessel for a specified time. The charter money was agreed to be paid as follows : “ Two dollars per calendar month for…
2Cases cited3 opinions
- Coffin v. StorerMassachusetts Supreme Judicial Court · 1809
- Locke v. SwanMassachusetts Supreme Judicial Court · 1816
- Brown v. HuntMassachusetts Supreme Judicial Court · 1814
3Cited by1 opinion
- Anderson v. MunsonDistrict Court, S.D. New York · 1900