Von Lingen v. Davidson
U.S. Circuit Court for the District of Maryland
FACTS found BY THE COURT. (1.) The British steamer Whickham, owned by T. H. Davidson and others, the defendants in the original libel, sailed from Shields on the ninth of. July, 1879, bound for Lisbon, where she arrived on the 16th, and, having discharged her cargo, sailed again in ballast on the 23d for Benizaf, on the coast of Morocco, to take a load of iron ore under a charter for Philadelphia.
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FACTS found BY THE COURT. (1.) The British steamer Whickham, owned by T. H. Davidson and others, the defendants in the original libel, sailed from Shields on the ninth of. July, 1879, bound for Lisbon, where she arrived on the 16th, and, having discharged her cargo, sailed again in ballast on the 23d for Benizaf, on the coast of Morocco, to take a load of iron ore under a charter for Philadelphia. She passed Gibraltar on the 25th, and arrived at Benizaf at 4:30 p. m. of Saturday, the 26th. She began taking in cargo under the charter for Philadelphia during the forenoon of Monday, the 28th. On…
1Opinion of the CourtWaite, C. J.
The only question in this case is whether, on the first of August, 1879, the Whickham was “about to sail from Benizaf with cargo for Philadelphia,” within the meaning of that term as used in the charter sued on. The owners in England, having accepted the contract made for them by their agents in Philadelphia and Baltimore, are bound by its terms just as their agents would be were they principals. The language used must therefore be interpreted, if’ possible, as the parties in Baltimore understood it when they were contracting.
*350It is conceded that if the' Whickham was “about to sail,” giving…
2Cases cited1 opinion
- Lowber v. BangsSupreme Court of the United States · 1865
3Cited by2 opinions
- Davison v. Von LingenSupreme Court of the United States · 1885
- State ex rel. Hynds v. CahillWyoming Supreme Court · 1904