Willett v. Phillips
District Court, S.D. New York
This was a libel by [Lindley M. M. Willett and Edward J. Murpliy] the owners of the bark Idolique to recover the sum of $3.000, being the amount of charter money agreed to be paid in a charter of the bark to the respondent [Jonas Phillips] for a voyage from Leghorn to Baltimore, which was executed by the master of the bark and the respondent, on the 23d of February. 1871. The libel alleged that the vessel was loaded at Leghorn by the respondent’s agent with a cargo, for…
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This was a libel by [Lindley M. M. Willett and Edward J. Murpliy] the owners of the bark Idolique to recover the sum of $3.000, being the amount of charter money agreed to be paid in a charter of the bark to the respondent [Jonas Phillips] for a voyage from Leghorn to Baltimore, which was executed by the master of the bark and the respondent, on the 23d of February. 1871. The libel alleged that the vessel was loaded at Leghorn by the respondent’s agent with a cargo, for which the master signed bills of lading; that she sailed but met with heavy weather and sprung a leak, and pans of the cargo…
1Opinion of the Court
BLATCHFORD, District Judge.
The charter party in this case is very clear in its provisions. It charters the vessel to the respondent for an entire voyage from Leghorn to a port in the United States to be named by the charterer on signing bills of lading. The whole of the vessel is to be at the sole use of the respondent, and the owner agrees to take on board the cargo furnished. The respondent, in consideration of the agreements of the owner, contracts to furnish the vessel with a full cargo, and to pay for the charter or freight of the vessel $3,000 American gold dollars in full, ‘‘payable in…
2Cited by2 opinions
- Burn Line, Ltd. v. United States & A. S. S. Co.Court of Appeals for the Second Circuit · 1908
- Christie v. Davis Coal & Coke Co.District Court, S.D. New York · 1899