Bangs v. Lowber
U.S. Circuit Court for the District of Massachusetts
[At law. Action by Elkanah Bangs and others against William Lowber and others for breach of a charter-party. Judgment for plaintiffs. This was afterwards reversed by the supreme court in Lowber v. Bangs, 2 Wall.
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[At law. Action by Elkanah Bangs and others against William Lowber and others for breach of a charter-party. Judgment for plaintiffs. This was afterwards reversed by the supreme court in Lowber v. Bangs, 2 Wall. (69 U. S.) 728.] This was an action of assumpsit, and came before the court on an agreed statement of facts, from which it appeared that on the 9th of June, 1858, while the ship Mary Bangs was on a voyage from New York to Melbourne, the plaintiffs, who were managing owners, entered into a charter-party with defendants, in which it was agreed, that the vessel should “proceed from…
1Opinion of the Court
CLIFFORD, Circuit Justice.
Suit is brought in the name of the managing owners; and it is objected by the defendants, that it cannot be maintained, because the other owners of the vessel are not joined; but the suit is upon the charter, and inasmuch as the other owners are not named in the contract, they could not be joined in the suit; so that, unless the action can be maintained in the present form, the owners are without remedy. Much reliance is placed by the defendants upon the case of Humble v. Hunter, 12 Adol. & E. (N. S.) 310, to sustain the objection; but it does not appear to support…
2Cited by1 opinion
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