Wilfred v. Myers
District Court, E.D. Virginia
In Admiralty. Libel for breach of contract to charter. This is a libel in personam for damages and expenses resulting from the breach of an alleged contract for the charter of the English steam-. ship Netherholm for a shipment of cotton from Norfolk to Liverpool. Bowring & Archbold, of New York, and Lamb & Co., of Norfolk, were the brokers of the libelants in the transaction upon which the libel is founded.
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In Admiralty. Libel for breach of contract to charter. This is a libel in personam for damages and expenses resulting from the breach of an alleged contract for the charter of the English steam-. ship Netherholm for a shipment of cotton from Norfolk to Liverpool. Bowring & Archbold, of New York, and Lamb & Co., of Norfolk, were the brokers of the libelants in the transaction upon which the libel is founded. The leading facts of the case seem to be as follows: On inquiry from Myers, one of the respondents, about 9 o’clock a. m. on the 11th of October, 1888, at Norfolk, Page, a member of the…
1Opinion of the Court
Hughes, J.,
(after stating the facts as above.) It is a matter of doubt from the evidence in this case whether Lamb & Co. had any authority to make a complete and final contract for the charter of this ship. Their function would seem t'o have been merely to find a customer, and to state to him the terms of charter; all besides depending for validity upon ratification by Bowring & Archbold in New York. If they had authority to contract at all, and if the letters and telegrams of Bowring & Archbold are to be regarded as defining that authority, it was merely to charter the first-class new…
2Cases cited6 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Smith v. RichardsSupreme Court of the United States · 1839
- Schuchardt v. AllensSupreme Court of the United States · 1864
- Veazie v. WilliamsSupreme Court of the United States · 1850
- Lowber v. BangsSupreme Court of the United States · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Sewall v. WoodCourt of Appeals for the Third Circuit · 1905
- Wood v. Sewall's Adm'rsDistrict Court, E.D. Pennsylvania · 1904