Cobb v. Howard
U.S. Circuit Court for the District of Southern New York
[Appeal from the district court of the United States for the southern district of New York.] This was a libel in personam, filed in the district court, to recover the sum of $1,500 and interest, for the breach of a contract, made at New York, to convey ten passengers in the steamship New Orleans from Panama to San Francisco, the vessel to leave on her trip in the month of April, 1850. The fare paid was $150 for each’ passenger, and an engagement was given for each passage in…
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[Appeal from the district court of the United States for the southern district of New York.] This was a libel in personam, filed in the district court, to recover the sum of $1,500 and interest, for the breach of a contract, made at New York, to convey ten passengers in the steamship New Orleans from Panama to San Francisco, the vessel to leave on her trip in the month of April, 1850. The fare paid was $150 for each’ passenger, and an engagement was given for each passage in the form of a ticket. The ten purchasers presented themselves at Panama on the 1st of April, to take their passage; but…
1Opinion of the Court
NELSON, Circuit Justice.
It is objected that this suit is not brought in the name of the original parties to the contract; but it is every day’s practice, in the admiralty, to allow suits to be brought in the name of the assignee of a chose in action. The libellant is the real owner of the tickets, and, therefore, the proper person to bring the suit, and in his own name.
It is also objected, that the disabling of the New Orleans by stress of weather excuses the fulfilment of the contract at the time provided for. How this might be in a ease where the passenger was on the vessel at the time of…
2Cited by2 opinions
- Minturn v. AlexandreDistrict Court, S.D. New York · 1880
- Lumber Mutual Casualty Insurance v. Edward A. Thompson, Inc.Appellate Terms of the Supreme Court of New York · 1929