Legal Opinion

The National City

Court of Appeals for the Ninth Circuit

Decided July 7, 1902Published

Appeal from the District Court of the United States for the Northern District of California. The appellees filed a libel against the National City, a steamer, which had been chartered by the appellant, her managing owner, to the Alaska & Yukon Transportation Company, a corporation of San Francisco, for the voyage from San Francisco to Alaskan ports and to return to San Francisco, for a period of four months from and after February 5, 1895, with the privilege of an extension…

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Appeal from the District Court of the United States for the Northern District of California. The appellees filed a libel against the National City, a steamer, which had been chartered by the appellant, her managing owner, to the Alaska & Yukon Transportation Company, a corporation of San Francisco, for the voyage from San Francisco to Alaskan ports and to return to San Francisco, for a period of four months from and after February 5, 1895, with the privilege of an extension for four months. The appellant, by the terms of the charter party, was to supply and pay the wages "of the captain, the…

1Opinion of the CourtGilbert, Circuit Judge

The principal question presented upon this appeal is whether the National City, which had been chartered by her owner to the Alaska & Yukon Transportation Company, is liable to a lien for the freight and passage money which was paid by the libelants under the circumstances above detailed. It is contended that the voyage which was to be performed by the National City,, and the part which she was to take in the contract of transportation of passengers and freight, was fully performed when she arrived at St. Michael, and that neither the steamer nor her owners are responsible for the failure of…

2Cases cited5 opinions

  1. Schooner Freeman, &C. v. BuckinghamSupreme Court of the United States · 1856
  2. The Lady PikeSupreme Court of the United States · 1874
  3. King v. ShepherdU.S. Circuit Court for the District of Massachusetts · 1844
  4. Arthur v. The CassiusU.S. Circuit Court for the District of Massachusetts · 1841
  5. Bork v. NortonU.S. Circuit Court for the District of Illinois · 1841

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