Lamb v. Parkman
District Court, D. Massachusetts
This was a libel in admiralty, by [Thomas Lamb] the owner of the ship Napoleon, to recover a balance of freight due on a charter-party from Calcutta to Boston. The contract was in the usual form, and contained the clause, “dangers of the seas, fire and navigation excepted.” The owners were to victual and man the vessel, appoint the master, keep the vessel tight and stanch, and stow the cargo, and deliver it to the respondent in Boston.
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This was a libel in admiralty, by [Thomas Lamb] the owner of the ship Napoleon, to recover a balance of freight due on a charter-party from Calcutta to Boston. The contract was in the usual form, and contained the clause, “dangers of the seas, fire and navigation excepted.” The owners were to victual and man the vessel, appoint the master, keep the vessel tight and stanch, and stow the cargo, and deliver it to the respondent in Boston. The respondent [Powell M. Parkman], on his part, was to furnish a “full cargo,” including broken stowage, and was to pay by the ton. $13.50 for whole packages,…
1Opinion of the Court
• SPRAGUE, District Judge.
The libellants, owners of the ship Napoleon, on .the 11th of January, 1855, let that ship by a charter-party o‘f affreightment to the respondent, a merchant of Boston, engaged in the Calcutta trade, for a voyage from Boston to Calcutta. By the covenants of the charter-party the owners were to victual and man her, but the whole capacity of the ship for cargo was let to the respondent, who was found to furnish a full cargo from Calcutta to Boston, including broken stowage, and was to pay 813.50 per ton weight or measurement, for whole packages, and $6.75 per ton for…
2Cited by15 opinions
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- Bache v. Silver Line, Ltd.Court of Appeals for the Second Circuit · 1940
- The T. A. GoddardDistrict Court, S.D. New York · 1882
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