Mazza v. J. G. White Engineering Co.
District Court, S.D. New York
In Admiralty. Suits by Edward Mazza against the J. G. White Engineering Company, and by Stathatos & Co., Limited, against the International Freighting Corporation, and four other cases. On exceptions By libelants to two articles of answers. The case arises on tbe libelant’s exceptions to two articles (tenth and eleventh) of the answer for insufficiency.
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In Admiralty. Suits by Edward Mazza against the J. G. White Engineering Company, and by Stathatos & Co., Limited, against the International Freighting Corporation, and four other cases. On exceptions By libelants to two articles of answers. The case arises on tbe libelant’s exceptions to two articles (tenth and eleventh) of the answer for insufficiency. The libel was filed by the owner for damages arising for a breach of the charter party under which the respondent chartered a steamer for a voyage from Baltimore to Genoa with a cargo of coal. The material part of the charter party for the…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] The mere fact that the charter party was approved by the purchasing officer of the Swiss legation did not make the contract one with the Swiss Coal Company. The only charterer named was the respondent, and even though the Swiss Company was in fact an undisclosed principal, it is nothing to the purpose. To escape liability the agent must disclose the identity of the undisclosed principal. Horan v. Hughes (D. C.) 129 Fed. 248, affirmed 129 Fed. 1005, 64 C. C. A. 581 (C. C. A. 2d). Here there was no declaration, in the document or outside, of the identity…
2Cases cited5 opinions
- Hellenic Transport S. S. Co. v. Archibald McNeil & Sons Co.District Court, D. Maryland · 1921
- Horan v. HughesDistrict Court, S.D. New York · 1903
- Hughes v. J. S. Hoskins Lumber Co.District Court, D. New Jersey · 1905
- M. O. H. of West Indies, Inc. v. Christoffer Hannevig, Inc.Court of Appeals for the Second Circuit · 1919
- McLeod v. 1,600 Tons of Nitrate of SodaDistrict Court, N.D. California · 1893
3Cited by2 opinions
- Fox v. the Giuseppe MazziniDistrict Court, E.D. New York · 1953
- F. S. Royster Guano Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1924