Legal Opinion

Reed v. United States

Supreme Court of the United States

Decided May 18, 1871PublishedCited by 89 opinions

Appeal and cross appeal from the Court of Claims, in the claim of Reed and others; the case, as found by the said court, being this: “ The claimants were, on the 1st of June, 1865, owners of the steamer Belle Peoria. She was then lying at her wharf in St. Louis. The said owners were applied to by the United States quartermaster, at St. Louis, to take a cargo of military supplies to Fort Berthold, on the Missouri River, about 1700 miles from St. Louis.

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Appeal and cross appeal from the Court of Claims, in the claim of Reed and others; the case, as found by the said court, being this: “ The claimants were, on the 1st of June, 1865, owners of the steamer Belle Peoria. She was then lying at her wharf in St. Louis. The said owners were applied to by the United States quartermaster, at St. Louis, to take a cargo of military supplies to Fort Berthold, on the Missouri River, about 1700 miles from St. Louis. They declined on account of the lateness of the season. They were then ordered by the quartermaster to prepare for the trip, and informed that…

1Opinion of the CourtJustice Clifford

I. In the Appeal.

Affreightment contracts are of two kinds, and they differ from each other very widely in their nature as well as in their terms and legal effect.

Charterers or freighters may become the owners for the .voyage without any safe or purchase of the ship, as in cases where they hire the ship and have by the terms of the contract, and assume in fact, the exclusive possession, command, and navigation of the vessel for the stipulated voyage. But where the general owner retains the possession, command, and navigation of the ship and contracts for a specified voyage, as, for example, to…

2Cases cited2 opinions

  1. Marcardier v. Chesapeake InsuranceSupreme Court of the United States · 1814
  2. Gracie v. PalmerSupreme Court of the United States · 1823

3Cited by89 opinions

  1. Cosmopolitan Shipping Co. v. McAllisterSupreme Court of the United States · 1949
  2. Guzman v. PichiriloSupreme Court of the United States · 1962
  3. United States v. HvoslefSupreme Court of the United States · 1915
  4. Dampskibsselskabet Dannebrog v. Signal Oil & Gas Co. of Cal.Supreme Court of the United States · 1940
  5. United States v. SheaSupreme Court of the United States · 1894

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