Morgan v. United States
United States Court of Claims
Tbis is a claim founded upon express contract in writing, and is brought by original petition. Tbe United States chartered from tbe claimants tbe steamer Tappahannock, at $182 25 per day; tbe claimants undertaking-bearing all running expenses except fuel, and keeping the ship' tight, staunch, strong, &c.
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Tbis is a claim founded upon express contract in writing, and is brought by original petition. Tbe United States chartered from tbe claimants tbe steamer Tappahannock, at $182 25 per day; tbe claimants undertaking-bearing all running expenses except fuel, and keeping the ship' tight, staunch, strong, &c. While in service under this charter, the ship was ordered and compelled by a quartermaster, duly authorized to give such order, upon extra hazardous duty, in which damage must certainly and obviously result to the vessel, but the circumstances were such that the order was proper for the…
1Opinion of the Court
Casey, Ch. J.,
opinion:
The damage to this vessel was caused by a marine disaster. It happened by a peril of the sea. And the question is whether the loss happening in this wray is to be borne by the United States, the hirers of the vessel, or by the claimant, the owner. This must be determined by the contract between the parties and by the nature,'character, and extent of the risks and responsibilities assumed by each. (The charter-party is here referred to and made part of the statement of facts in the case.) By this charter-party the owner agreed to keep the vessel tight, staunch, and…
2Cases cited6 opinions
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Waters v. Merchants' Louisville InsuranceSupreme Court of the United States · 1837
- General Mutual Insurance v. SherwoodSupreme Court of the United States · 1853
- Potter v. Suffolk Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1835
- Bogert v. United StatesUnited States Court of Claims · 1866
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3Cited by3 opinions
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