Boutin v. Rudd
Court of Appeals for the Seventh Circuit
Appeal from tlie District Court of tlie United States for the Western District of Wisconsin. The appellee, Charles P. Rudd, the owner of the schooner Annie It., filer! Ids libel in personam in the district court against the appellants, who were the owners of the steam tug N. Boutin, asking the court to pronounce for the damages sustained by the loss of the schooner through breach of an executory contract made by the appellants.
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Appeal from tlie District Court of tlie United States for the Western District of Wisconsin. The appellee, Charles P. Rudd, the owner of the schooner Annie It., filer! Ids libel in personam in the district court against the appellants, who were the owners of the steam tug N. Boutin, asking the court to pronounce for the damages sustained by the loss of the schooner through breach of an executory contract made by the appellants. The case disclosed was this: On the 251 h da,y of September, 1894, Uhe schooner Annie K. broke from her anchorage at Bass Island, in Lake Superior, (hiring a gale from…
1Opinion of the CourtJerkins, Circuit Judge
It is objected to this decree that the contract in question, being executory, and having never been performed, does not come within .the admiralty jurisdiction. After 55 years of contention touching the correctness of the doctrine declared by Mr. Justice Story in the celebrated case of De Lovio v. Boit, 2 Gall. 398, Fed. Cas. No. 3,776, in which that distinguished jurist repudiated the limitation upon the admiralty jurisdiction declared by the courts of England that it related only to “things done upon the sea,” and asserted that its jurisdiction extended to “things pertaining to the sea,”…
2Cases cited22 opinions
- Insurance Co. v. DunhamSupreme Court of the United States · 1871
- Griffin v. . ColverNew York Court of Appeals · 1858
- De Lovio v. BoitU.S. Circuit Court for the District of Massachusetts · 1815
- Booth v. . Spuyten Duyvil Rolling Mill Co.New York Court of Appeals · 1875
- Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
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- Northwestern Steam Boiler & Mfg. Co. v. Great Lakes Engineering WorksCourt of Appeals for the Eighth Circuit · 1910
- Steamship Overdale Co. v. TurnerDistrict Court, E.D. Pennsylvania · 1913
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