The Salem's Cargo
District Court, D. Massachusetts
The libel in this case was brought by the owner of the bark Salem, to recover the balance due under a charter-party. The bark was chartered in August, 1856, by Barnes,. .Tennings & Co., of Boston, for a voyage to one or more ports on the east coast of South America, and back to any port in the United States, except New York, at the rate of $1,-200 per calendar month, payable in United States currency, or its equivalent; what the master might require in South America, to the…
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The libel in this case was brought by the owner of the bark Salem, to recover the balance due under a charter-party. The bark was chartered in August, 1856, by Barnes,. .Tennings & Co., of Boston, for a voyage to one or more ports on the east coast of South America, and back to any port in the United States, except New York, at the rate of $1,-200 per calendar month, payable in United States currency, or its equivalent; what the master might require in South America, to the extent of the charter earned, was payable there, the balance to be paid on return, and discharge of the cargo in the…
1Opinion of the Court
SPRAGUE, District Judge.
The acts and agreement of the claimants are a waiver of any objection which he might have1 had to the time of bringing the libel. And if there had been no waiver, it would be in the power of the court, by giving costs or otherwise, to give to the claimant a complete indemnity for all the loss or inconvenience he can sustain by the premature commencement of the suit. And it would not have been necessary to dismiss the libel, which, as the goods have now gone beyond the reach of process, would defeat the remedy against them. It is not the practice of courts of admiralty…
2Cited by6 opinions
- Watts v. CamorsSupreme Court of the United States · 1885
- Clark v. Five Hundred & Five Thousand Feet of LumberCourt of Appeals for the Seventh Circuit · 1894
- Sinton v. Steamboat R. R. RobertsIndiana Supreme Court · 1874
- The L. B. SnowDistrict Court, D. Massachusetts · 1883
- The Peer of the RealmU.S. Circuit Court for the District of Eastern Louisiana · 1883
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