Legal Opinion

The J. F. Warner

District Court, E.D. Michigan

Decided February 5, 1883PublishedCited by 10 opinions

In Admiralty. This was a libel for breach of a contract of affreightment made at Buffalo, New York, July 31, 1879, between the libelant, Bewick, and respondent Walker, then master and part owner of the barge J. F. Warner. The libel was in rem against the barge and in personam against her owners.

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In Admiralty. This was a libel for breach of a contract of affreightment made at Buffalo, New York, July 31, 1879, between the libelant, Bewick, and respondent Walker, then master and part owner of the barge J. F. Warner. The libel was in rem against the barge and in personam against her owners. The libel set forth that on July 31, 1879, Be-wick chartered the barge Warner to go from Buffalo to Alpena and transport a cargo of 340,000 feet of lumber, at $1.50 per thousand, which she was to deliver at Buffalo; that the charter was verbal and never reduced to writing; and that said barge Warner…

1Opinion of the CourtBrown, J.

Proceeding to dispose of the preliminary questions raised upon the exceptions to the libel, I am asked to determine-—

I. Whether a joint suit can he maintained against the barge in rein and her owners in personam. General admiralty rules 12 to 20, enacted in pursuance of an act of congress, and having the force of law, define with much particularity the remedies to which the injured party is entitled in the most numerous classos of cases arising in courts of admiralty, hut as no mention is made in any of these rules of suits upon contracts of affreightment, I am compelled to dispose of the…

2Cases cited10 opinions

  1. The Moses TaylorSupreme Court of the United States · 1867
  2. Ex Parte McNielSupreme Court of the United States · 1872
  3. The BelfastSupreme Court of the United States · 1869
  4. Edwards v. ElliottSupreme Court of the United States · 1874
  5. Morewood v. EnequistSupreme Court of the United States · 1860

5 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Boutin v. RuddCourt of Appeals for the Seventh Circuit · 1897
  2. The Planet VenusDistrict Court, E.D. Pennsylvania · 1902
  3. The TampicoDistrict Court, N.D. California · 1907
  4. The Arlyn NelsonDistrict Court, W.D. Washington · 1917
  5. Corsica Transit Co. v. W. S. Moore Grain Co.Court of Appeals for the Eighth Circuit · 1918

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