Belmont v. Tyson
U.S. Circuit Court for the District of Southern New York
[Error to the district court-of the United States for the southern district of New York.] At law. This was a writ of error to the district court. [William] Tyson brought a suit in that court against [August] Belmont, who was consul of the emperor of Austria, to recover damages for the breach of a charter-party, made at New York, January 31st, 1848, by which the ship Probus was chartered by Tyson to Belmont, for a voyage from New York to Apalachicola, and thence to Liverpool.
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[Error to the district court-of the United States for the southern district of New York.] At law. This was a writ of error to the district court. [William] Tyson brought a suit in that court against [August] Belmont, who was consul of the emperor of Austria, to recover damages for the breach of a charter-party, made at New York, January 31st, 1848, by which the ship Probus was chartered by Tyson to Belmont, for a voyage from New York to Apalachicola, and thence to Liverpool. The charter was of the whole of the vessel. By it, Belmont agreed to furnish her with a full cargo of timber, one half…
1Opinion of the Court
NELSON, Circuit Justice.
I. One of the principal questions arising 5n this case is, whether or not, according to the true interpretation of the charter-party, the charterer was bound to furnish cargo for the vessel outside of the west pass into the harbor of Apalachicola? The judge charged that, if the jury found that the vessel was as deep as it was prudent to load her inside of the pass, and that the master went to a proper place outside in order to complete the lading, the parties must be presumed to have understood: that the vessel was to go outside to finish loading, as, upon the…
2Cited by2 opinions
- Isaksson v. WilliamsDistrict Court, S.D. New York · 1886
- McCaldin v. Cargo of Scrap IronDistrict Court, S.D. New York · 1901