George W. Bush & Sons Co. v. Thompson
Court of Appeals for the Fourth Circuit
Appeal from the District Court of the United States for the District of Maryland. This was a libel by Abram P. Thompson, master of the schooner William Neely, against the G-eorge W. Bush & Sons Company, for breach of a charter party. The district court rendered a decree for the libelant (60 Fed. 631). Respondent appeals.
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Appeal from the District Court of the United States for the District of Maryland. This was a libel by Abram P. Thompson, master of the schooner William Neely, against the G-eorge W. Bush & Sons Company, for breach of a charter party. The district court rendered a decree for the libelant (60 Fed. 631). Respondent appeals. The court stated the case as follows: The schooner William Neely was chartered by the George W. Bush & Sons Company, of Wilmington, Del., for a voyage from Savannah, Ga,, to New York. A charter party was signed March 28, 1892, containing, among others, the following…
1Opinion of the Court
GOFF, Circuit Judge.
The charter party is silent as to the matter of the employment of the stevedore. It is usual to provide in it that the vessel shall engage the services of the stevedore of the charterer. Such a provision is fair, and the stevedore so employed is under the direction of the master, and may be discharged for carelessness or incompetency. In the absence of such provision, the vessel can employ its own stevedore, if the custom of the port does not otherwise provide. Having failed to reserve that right, the charterers in this case were not at liberty to demand that they be…
2Cases cited5 opinions
- Richardson v. WinsorU.S. Circuit Court for the District of Massachusetts · 1871
- Portland Shipping Co. v. The Alex GibsonDistrict Court, D. Washington · 1890
- Menendez v. The KeystoneDistrict Court, S.D. New York · 1886
- Culliford v. GomilaSupreme Court of the United States · 1888
- Muller v. SpreckelsDistrict Court, E.D. Pennsylvania · 1891
3Cited by1 opinion
- Marquest v. GrantCourt of Appeals for the Fourth Circuit · 1897