Parsons v. Ogden
U.S. Circuit Court for the District of Southern New York
[Appeal from tbe district court of tbe United States for tbe Southern district of New York.] Tbis was a libel in personam, filed in the district court, by the owners of the ship Hemisphere, to recover the freight money on a charter-party. The whole of the vessel, except deck, room for crew, &c., was chartered to the respondent, for a voyage from Liverpool to New York.
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[Appeal from tbe district court of tbe United States for tbe Southern district of New York.] Tbis was a libel in personam, filed in the district court, by the owners of the ship Hemisphere, to recover the freight money on a charter-party. The whole of the vessel, except deck, room for crew, &c., was chartered to the respondent, for a voyage from Liverpool to New York. He was to supply her with a full cargo of general merchandise, and not exceeding five hundred and thirteen jjassengers, second cabin and steerage, and the ship was not to take exceeding her registered tonnage of iron. This was…
1Opinion of the Court
NELSON, Circuit Justice.
The charter-party is carelessly drawn, and it is perhaps difficult to say that it contains a warranty or covenant to carry the freight and passengers mentioned in it, as was probably intended. But I am satisfied that both parties contemplated, at the time, that freight and passengers to the extent and number mentioned were to be carried, if furnished by the charterer. The measure of compensation was doubtless regulated very much thereby. I am, also, satisfied that the vessel had sufficient capacity to comply, in this respect, with the terms of the charter; and that the…
2Cited by1 opinion
- Elwell v. . SkiddyNew York Court of Appeals · 1879