Orvig's Dampskibselskab Aktieselskab v. Munson S. S. Line
Court of Appeals for the Second Circuit
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). This suit is based upon the breach of an undoubted maritime contract, and the form in which it is presented strongly indicates an attempt-at a “ease stated” for the opinion of the court.
We have before us a libel that states as facts some matters which can never be more than legal conclusions, also the written charter party; but we know nothing of the circumstances surrounding its fulfillment or occasioning its breach, and are substantially asked from the form of the contract to lay down a rule or rules which would affect charter parties or breaches thereof…
2Cases cited2 opinions
- Schoonmaker-Conners Co. v. Lambert Transp. Co.Court of Appeals for the Second Circuit · 1920
- Prebensens Dampskibsselskabet A/S v. Munson S. S. LineCourt of Appeals for the Second Circuit · 1919
3Cited by1 opinion
- Stolt-Nielsen SA v. Animalfeeds International Corp.District Court, S.D. New York · 2006