Martin v. The Agathe
District Court, S.D. Alabama
This was a libel by William H. Martin agajnst the bark Agathe to recover money alleged to have been illegally exacted from libel-ant’s consignees upon a wrongful claim for general average, and for which he had reimbursed them.
1Opinion of the Court
TOULMIN, District Judge.
It appears from the libel that it is filed to recover damages for breach of contract; the contract being a charter party and bill of lading thereunder, made by the owners and master of the vessel, in which contract it was stipulated and agre.ed that the-vessel was to transport and deliver the cargo provided for to the consignees, at Dundee, Scotland, on payment of freight. The breach alleged is that the master of the vessel failed to faithfully perform his part of the said contract, in that he wrongfully extorted from the consignees a large sum of money upon a claim of…
2Cases cited5 opinions
- Radich v. HutchinsSupreme Court of the United States · 1877
- Atchison Board of Education v. De KaySupreme Court of the United States · 1893
- Lonergan v. BufordSupreme Court of the United States · 1893
- Baker Salvage Co. v. The KimberleyDistrict Court, E.D. Virginia · 1888
- Phipps v. The NicanorU.S. Circuit Court for the District of Southern New York · 1890
3Cited by3 opinions
- CIA. Atlantica Pacifica, S. A. v. Humble Oil & Refining Co.District Court, D. Maryland · 1967
- Bubble Up International Ltd. v. Transpacific Carriers Corp.District Court, S.D. New York · 1978
- The StrathdonDistrict Court, E.D. New York · 1899