Lovell v. Davis
Supreme Court of the United States
Error to tbe Circuit Court of tbe. United States for tbe District of Louisiana. This action was brought against Lovell & Bailey on a charter-party entered into by them March 14,1871, for a voyage of the American ship “ Adorna,” “now lying in the harbor of New Orleans,” from the port of New Orleans to Liverpool, between Havre and Hamburg, both inclusive, or Cronstadt.
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Error to tbe Circuit Court of tbe. United States for tbe District of Louisiana. This action was brought against Lovell & Bailey on a charter-party entered into by them March 14,1871, for a voyage of the American ship “ Adorna,” “now lying in the harbor of New Orleans,” from the port of New Orleans to Liverpool, between Havre and Hamburg, both inclusive, or Cronstadt. It was agreed between the parties that “ this charter shall commence'when the vessel is ready to receive cargo at the place of loading, and notice thereof is given to the party of the second part or their agent, and to end on a…
1Opinion of the Court
Mr. Justice Miller,
after stating .the facts, delivered the opinion of the court.
The charter-party contains a recital that at the date. of its execution the vessel was lying in the harbor of New Orleans, while the bill of exceptions shows that she was then at sea. The court charged the jury that if. at the time the defendants signed the charter-party they knew that the ship was at sea, the words “ now lying in the harbor of New Orleans ” should be regarded as of no significance.
That language in the charter is not a warranty or contract, but a representation ; and if the charterers hnew…
2Cases cited1 opinion
- Nailor v. WilliamsSupreme Court of the United States · 1869
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