Kimball v. The Anna Kimball
U.S. Circuit Court for the District of Massachusetts
■ Appeal in admiralty from a decree of the district court for the district of Massachusetts. The libellant was the owner of the ship Anna Kimball.
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■ Appeal in admiralty from a decree of the district court for the district of Massachusetts. The libellant was the owner of the ship Anna Kimball. The libel alleged that op the 4th of July, 185G, the libellant made a contract of affreightment with G. T. and W. P. Lyman, by which they agreed to pay him $35,750 for a round voyage from New Xork to Melbourne, thence to Calcutta, and thence to Boston; that the vessel arrived at the return port, with her homeward cargo on board, on the 23d of January. 1858;. that $8,000 of the charter-money was paid in advance; that $8,000 more were paid in…
1Opinion of the Court
CLIFFORD, Circuit Justice.
The charter-party shows that the ship was chartered as alleged in the libel. By the terms of the charter-party the owner was to make the necessary repairs and provide the vessel with every requisite, and with men and provisions necessary for the voyage, and also to ballast the ship at the outward port. He agreed that the whole vessel, with the usual exception of the cabin or roam in the cabin for the master and other officers, and room also for the accommodation of the crew and the storage of the sails, cables, and provisions, should be at the sole use and disposal…
2Cases cited1 opinion
- Fowler v. LudwigSupreme Judicial Court of Maine · 1852
3Cited by2 opinions
- Howard v. 9,889 Bags of MaltDistrict Court, D. Massachusetts · 1919
- Costello v. 734,700 LathsDistrict Court, E.D. New York · 1890