Drinkwater v. The Spartan
District Court, D. Maine
This was a libel [by Joseph Drinkwater and others against the freight and cargo of the brig Spartan, Jacob Quincy, Charles Fox, Joseph E. Foxcroft, and Robert H. Thayer being claimants] on a charter-party, by the terms of which the owners let to freight the whole of the vessel with her appurtenances, for a voyage to be made by the charterers to one or more ports in the Western Canary and Madeira Islands, and bach to her port of -discharge in the United States, and to…
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This was a libel [by Joseph Drinkwater and others against the freight and cargo of the brig Spartan, Jacob Quincy, Charles Fox, Joseph E. Foxcroft, and Robert H. Thayer being claimants] on a charter-party, by the terms of which the owners let to freight the whole of the vessel with her appurtenances, for a voyage to be made by the charterers to one or more ports in the Western Canary and Madeira Islands, and bach to her port of -discharge in the United States, and to Portland. The owners covenanted that in and during the voyage she should be tight, stanch, and strong, and sufficiently tachled…
1Opinion of the Court
WARE, District Judge.
This is a libel by the master and owners of the brig Spartan, founded on the charter-party, and brought ■for the purpose of enforcing the stipulated hire of the vessel, from the freight and merchandise. The master and owners of the ship have united in the libel, and there was a distinct allegation by the master, claiming a lien also on the freight and that portion of the cargo which is owned by the charterers, for his wages. Whatever objections to the union of these different causes of action in one libel may exist in point of law, they were considered as waived, by the…
2Cases cited1 opinion
- Goodridge v. LordMassachusetts Supreme Judicial Court · 1813
3Cited by1 opinion
- Cox v. Lykes BrothersAppellate Division of the Supreme Court of the State of New York · 1923