Legal Opinion

Eber B. Ward, Survivor, &C., Owner of the Steamboat Detroit v. Charles Thompson

Supreme Court of the United States

Decided December 27, 1859PublishedCited by 94 opinions

This was an appeal from the Circuit Court of the United States, sitting in admiralty, for the district of Michigan. It was a libel filed by Eber B. Ward against Charles Thompson, in the District Court of. the United States, in a cause of contract, civil and maritime. The ground of the libel was the agreement which will presently be reported. The District Court dismissed the libel, which decree was affirmed by the Circuit Court upon an appeal. The libellant brought th

1Opinion of the CourtJustice Grier

The articles of-agreement containing the contract, which, is the subject matter of this suit, are denominated in the libel a charter-party of the steamboat Detroit to respondent. The answer denies that he had chartered the vessel, and-alleges that the writing declared on is a contract of partnership, and not a charter-party. The Circuit Court agreed with the respondent -as to the construction of the contract, and consequently dismissed the bill.

A court of admiralty takes, cognizance of certain questions between part owners, as to the possession and employment of the ship, but will not assume…

2Cases cited1 opinion

  1. The Steamboat Orleans v. PhœbusSupreme Court of the United States · 1837

3Cited by94 opinions

  1. Commissioner v. CulbertsonSupreme Court of the United States · 1949
  2. Commissioner v. TowerSupreme Court of the United States · 1946
  3. Meehan v. ValentineSupreme Court of the United States · 1892
  4. The Steamer EclipseSupreme Court of the United States · 1890
  5. Costas Hadjipateras, Nicholas Hadjipateras and Dimitri Dracos v. Pacifica, S. A., and George TsakalotosCourt of Appeals for the Fifth Circuit · 1961

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