The Ripon City
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Southern District of Georgia. This is an appeal from a decree in admiralty in favor of the libelant for ihe sum of §1,000, with interest and costs.
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Appeal from the District Court of the United States for the Southern District of Georgia. This is an appeal from a decree in admiralty in favor of the libelant for ihe sum of §1,000, with interest and costs. Tlie action is in rom for breach of a, special clause in a charter party, to wit: “The drafts' for difference in freight and for disbursements are to be insured by ihe charterers against general average and other marine risks incidental to the interest, and in case steamer is in general average at port or ports of leading, or on the voyage, or at port or ports of discharge, the agency,…
1Opinion of the Court
After stating the case as above, the opinion of the court was delivered by
PARDEE, Circuit Judge.
’ The clause of the charter pariy which is the basis of this suit so far relates to the rendition of maritime services that it may he called a maritime contract, and, as to its enforcement, held to be within the jurisdiction of the admiralty; but whether, to recover damages for the breach of the contract, the libelant can proceed in rem, and cause *180the seizure of the ship, is another question. To warrant the seizure of the ship as the thing indebted, the libelant must have a lien on the ship to the…
2Cases cited15 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Insurance Co. v. DunhamSupreme Court of the United States · 1871
- Vandewater v. MillsSupreme Court of the United States · 1857
- Schooner Freeman, &C. v. BuckinghamSupreme Court of the United States · 1856
- The Steamboat Orleans v. PhœbusSupreme Court of the United States · 1837
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3Cited by6 opinions
- Fabricant v. RoebuckDistrict Court, S.D. Florida · 2001
- The Thomas P. SheldonDistrict Court, D. Rhode Island · 1902
- DC Andrews & Company v. United StatesUnited States Court of Claims · 1954
- Richard v. HolmanDistrict Court, D. Maryland · 1903
- The StrathnairnDistrict Court, W.D. Washington · 1911
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