Texas Co. v. Hogarth Shipping Co.
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. Certiorari to review a. decree of the Circyit Court of Appeals affirming á decree of the District Court in admiralty. The facts are stated in the opinion, post, 625. In the absence of a restraints-of-princes clause, the shipowner’s obligation under the chartérparty was absolute, and prevention by foreign law was not a defense.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. Certiorari to review a. decree of the Circyit Court of Appeals affirming á decree of the District Court in admiralty. The facts are stated in the opinion, post, 625. In the absence of a restraints-of-princes clause, the shipowner’s obligation under the chartérparty was absolute, and prevention by foreign law was not a defense. Where a shipowner enters into an absolute covenant to carry a cargo, without protecting himself by exceptions; he is bound to perform it or to pay damages. An exámination of the charter in shit shows…
1Opinion of the CourtJustice Van Devanter
This is. a suit in admiralty to recover damages for an •alleged breach of a voyage charterparty entered into in New York, February 6, 1915, between; a British corporation, which owned the Baron Ogilvy and other' freight ships, ' and a Texas corporation, which was engaged in shipping and marketing petroleum products. The charter-party did not name a particular ship as the subject of the hiring, but required that one of á certain type be designated from among the ships of the British company, .on or before March 15. In due time,that company named the Baron Ogilvy and tibie Texas company…
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