Vogeman v. Raeburn
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Libel by Heinrich Vogeman and others against John Raeburn and another for breach of a charter party. The Commissioner awarded damages, fixed at $3,061.37, and defendants appeal.
1Opinion of the Court
COXE, Circuit Judge.
In October, 1900, the libelants chartered the respondents’ steamship ■ Miramar for a voyage from New York to Europe and return. The ship was not tendered, as provided in the charter and, there being no question as to its breach, the case was sent to a commissioner to compute the amount of libelants’ damages. After carefully considering the testimony he found:
That but for the respondents’ breach of charter, the libelants would have made in freight of the steamship Miramar the sum of. $19,857 05
To earn the same libelants must have paid for charter hire . 11,736 90
For port…
2Cases cited3 opinions
- The WildenfelsCourt of Appeals for the Second Circuit · 1908
- Davis v. AdamsCourt of Appeals for the Ninth Circuit · 1900
- Southern Exp. Co. v. PlattenCourt of Appeals for the Fifth Circuit · 1899
3Cited by3 opinions
- Cataldo v. United StatesDistrict Court, S.D. New York · 1952
- Chapman v. Cargill, Inc.Court of Appeals for the Fifth Circuit · 1944
- The Turret CrownDistrict Court, S.D. New York · 1926