The Hero
District Court, E.D. Pennsylvania
Libel by the master of the bark Hero against Peter Wright & Sons to recover damages for an alleged breach of charter-party. The testimony disclosed the following facts: Funck, Edye & Co., ship-brokers of New York, sent to Hoffman & Meyer, ship-brokers of Philadelphia, the name of the bark Hero (then at Cartagena) as a vessel open to charter in case Hoffman & Meyer could obtain any proposals.
Read the full summary
Libel by the master of the bark Hero against Peter Wright & Sons to recover damages for an alleged breach of charter-party. The testimony disclosed the following facts: Funck, Edye & Co., ship-brokers of New York, sent to Hoffman & Meyer, ship-brokers of Philadelphia, the name of the bark Hero (then at Cartagena) as a vessel open to charter in case Hoffman & Meyer could obtain any proposals. Hoffman & Meyer obtained an offer from Peter Wright & Sons, of Philadelphia, which was accepted. The charter was then drawn by a clerk in the employ of Peter Wright & Sons and submitted to W. W. Young,…
1Opinion of the Court
Butler, D. J.
That fraud was practiced in obtaining the respondents’ name to the charter, is clear. Hoffman & Meyer were distinctly informed, while negotiating, that- the prompt sailing of the vessel from Cartagena was an essential requisite to the contract. With this in mind, the terms were agreed upon, and reduced to writing, with a clear understanding that the paper should be signed as written. Mr. Young, consequently, with the knowledge of Mr. Hoffman, marked the paper as examined and ready for the respondents’ signature. Mr. Hoffman testifies that he understood Mr. Young’s mark; that it…
2Cited by6 opinions
- Higgins v. Anglo-Algerian S. S. Co.Court of Appeals for the Second Circuit · 1918
- The Isla de PanayCourt of Appeals for the Second Circuit · 1923
- The CarsoDistrict Court, S.D. New York · 1930
- State Revenue Commission v. Edgar Bros.Supreme Court of Georgia · 1937
- Hershman v. StaffordWest Virginia Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.