Constantine v. The River Queen

• Court: U.S. District Court — Southern District of New York
• Citation: Constantine v. The River Queen, 2 F. 731 (S.D. N.Y. 1880)
• Decision Date: 19 May 1880
• Parties: CONSTANTINE and others v. THE SCHOONER RIVER QUEEN.

2 F. 731

CONSTANTINE and others v. THE SCHOONER RIVER QUEEN.

United States District Court, S.D. New York.

May 19, 1880

F. A Wilcox, for libellant.

W. W Goodrich, for claimant.

CHOATE D.J.

This is a libel against the schooner River Queen to recover for services alleged to have been rendered by the libellant in weighing, inspecting and measuring the cargo preparatory to its delivery, and which, by the contract of affreightment was required to be done by the vessel before delivery. The service is alleged to have been rendered at the request of the master and owners of the vessel. It is not alleged whether the vessel is domestic or foreign, nor that the service was rendered upon the credit of the vessel.

The owner appeared as claimant, and filed exceptions to the libel (1) that the court has no jurisdiction upon the allegations of the libel, and (2) that the contract upon which the libel is founded is not a maritime contract, such as to give the court jurisdiction.

This case was heard with the case of The Windermere, ante, 722 and submitted as involving upon the exceptions the same point as that case; the only difference referred to by counsel being the difference in the nature of the service rendered. The point, therefore, does not seem to be raised whether, if the vessel is a domestic vessel, the libellant's claim if in the nature of a claim for necessaries furnished to the vessel, is limited to a claim in personam, on the facts stated in the libel, on the principle...