Legal Opinion

Dilkes v. Jansen

Court of Appeals for the Fourth Circuit

Decided November 13, 1919No. 1720Published

Appeal from the District Court of the United States for the District of Maryland, at Baltimore; John C. Rose, Judge. ' Suit by George R. Dilkes, trading as George R. Dilkes & Co., against the barque Dygslimt; H. Jansen, master and claimant. From the decree, libelant appeals.

1Opinion of the Court

PRITCHARD, Circuit Judge (after stating the facts as above).

The court below very clearly and succinctly states the ground upon which the contract is modified, in the following language:

“I believe that Gapt. Powell did say that the sum be asked was tbe rate. I find that this captain was scarcely capable, through his slow apprehension of English, of dealing on fair terms. I find that being, as ho supposed, at all events, in some relation to the Shipping Board, he assumed that any rate he agreed to, if it was not a fair one, would not be binding anyhow. He assumed that it would be subject to…

2Cases cited3 opinions

  1. Millard v. The SchiedamDistrict Court, S.D. New York · 1891
  2. The Sophia HansonDistrict Court, E.D. New York · 1883
  3. Boggs v. The LoutraDistrict Court, S.D. New York · 1856

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