Carleton v. Jenks
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Eastern District of Michigan. This is the case of a libel in personam filed by the appellants in the court below for the purpose of recovering of the appellees damages alleged to have resulted to the steamer H. D. Gofiinberry and her machinery in consequence of a breach of contract by the appellees, in failing to secure by sufficient fastenings in the steamer a new boiler which the appellees had built and put into…
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Appeal from the District Court of the United States for the Eastern District of Michigan. This is the case of a libel in personam filed by the appellants in the court below for the purpose of recovering of the appellees damages alleged to have resulted to the steamer H. D. Gofiinberry and her machinery in consequence of a breach of contract by the appellees, in failing to secure by sufficient fastenings in the steamer a new boiler which the appellees had built and put into the steamer in the spring of 1892. The appellants, desiring to put a new boiler into the vessel and make other changes in…
1Opinion of the CourtSeverens, District Judge
court.
The first question on this appeal presented by the appellants arises upon the construction of the contract of January 7, 1892. It is insisted by them that this contract, upon its fair interpretation, required the contractors not only to build and set the boiler in place on the vessel, but also required that they should fasten it down so that it would not, in the ordinary incidents of navigation, be moved out of its place by the motion of the vessel. The appellees deny that the contract extended to impose such an obligation as this, and contend that their duty was discharged when the…
2Cases cited13 opinions
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Dushane v. BenedictSupreme Court of the United States · 1887
- Muller v. . EnoNew York Court of Appeals · 1856
- Underwood v. WolfIllinois Supreme Court · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Davis Calyx Drill Co. v. MalloryCourt of Appeals for the Eighth Circuit · 1905
- Oakland Sugar Mill Co. v. Fred W. Wolf Co.Court of Appeals for the Sixth Circuit · 1902
- Herbrand Co. v. Lackawanna Steel Co.Court of Appeals for the Sixth Circuit · 1922
- Jackson v. Porter Land and Water Co.California Supreme Court · 1907
- Stanford v. National Drill & Mfg. Co.Supreme Court of Oklahoma · 1911
4 more not listed; retrieve them via the Exa API.