Dalbeattie Steamship Co. v. Card
District Court, E.D. South Carolina
Tn Admiralty. Libel by the Dalbeattie Steamship Company, Limited, against H..St. Julian Card, doing business as Henry Card, for breach of charter party. Decree for libelant. Hearing on master’s report as to damages. Beport recommitted.
1Opinion of the Court
SIMONTON, District Judge.
In this case, after full hearing, it was held that the charterer was responsible for a breach of the charter party. A master, having been instructed to inquire as to the damages incurred hv the vessel, has made his report, awarding the net sum which the vessel would have earned if the contract of the charter party had been carried out.
There can he no doubt that the general rule is that a shipowner who is prevented from performing the voyage by a wrongful act of the charterer is prima facie entitled to the freight that he would have earned, less what it would have cost…
2Cases cited4 opinions
- Warren v. StoddartSupreme Court of the United States · 1882
- Watts v. CamorsSupreme Court of the United States · 1885
- The Gazelle and CargoSupreme Court of the United States · 1888
- Watts v. CamorsU.S. Circuit Court for the District of Eastern Louisiana · 1881
3Cited by7 opinions
- Leblond v. McNearDistrict Court, N.D. California · 1900
- J. J. Moore & Co. v. CornwallCourt of Appeals for the Ninth Circuit · 1906
- Metcalfe v. ChiarelloCourt of Appeals for the Second Circuit · 1923
- Thebideau v. CairnsDistrict Court, D. Maine · 1909
- Cornwall v. J. J. Moore & Co.District Court, N.D. California · 1903
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