The Pauline
District Court, D. Wisconsin
In admiralty. Libel by Daniel Newhall for breach of verbal charter. The facts appear in the opinion. The cause of action is of admiralty jurisdiction, in personam and in rem. (1) In Personam. The jurisdiction of the admiralty in personam in a case of contract depends solely on the question whether the contract be maritime or not, and is entirely independent of the existence or non-existence -of a maritime privilege or lien.
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In admiralty. Libel by Daniel Newhall for breach of verbal charter. The facts appear in the opinion. The cause of action is of admiralty jurisdiction, in personam and in rem. (1) In Personam. The jurisdiction of the admiralty in personam in a case of contract depends solely on the question whether the contract be maritime or not, and is entirely independent of the existence or non-existence -of a maritime privilege or lien. If such privilege or lien exist, the admiralty then has further jurisdiction in rem. “Admiralty,” says Judge Story, “has a rightful jurisdiction over all maritime…
1Opinion of the Court
MILLER, District Judge.
This libel is brought against the vessel, her master, and owners. The libel propounds, that the said owners of the schooner, by their agent chartered said schooner to libellant, verbally, for a voyage from the port of Milwaukee to the port of Buffalo, to be provided by, and to carry for, said libellant a cargo of eight thousand bushels of wheat, under deck, from Milwaukee to Buffalo, at the freight of eight and one half cents per bushel, to be paid on the discharge of said cargo at Buffalo; said voyage to be made and said wheat taken immediately on the return of the…
2Cited by3 opinions
- The Monte A.District Court, S.D. New York · 1882
- Scott v. Ira ChaffeeDistrict Court, E.D. Michigan · 1880
- Robinson, McLeod & Co. v. Memphis & Charleston R.United States Circuit Court · 1881