David Ogden, Appellant v. Jotham Parsons, John Graw, Joshua Atkins, Edwin Atkins, and Joshua Atkins, Jun
| Decision Date | 01 December 1859 |
| Citation | 16 L.Ed. 410,64 U.S. 167,23 How. 167 |
| Parties | DAVID OGDEN, APPELLANT, v. JOTHAM PARSONS, JOHN A. McGRAW, JOSHUA ATKINS, EDWIN ATKINS, AND JOSHUA ATKINS, JUN |
| Court | U.S. Supreme Court |
THIS was an appeal from the Circuit Court of the United States for the southern district of New York.
Parsons and the other appellees were the owners of the ship Hemisphere, and a charter-party was executed between their agents and Ogden, the terms of which, together with the other facts of the case, are summarily stated in the opinion of the court.
The libel was filed in the District Court, praying for a writ with a clause of foreign attachment. The writ was accordingly issued against Ogden, commanding the marshal to take his person; if not found, then to take his goods and chattels; if none found, then to attach his credits in the hands of garnishees.
Ogden appeared, and the case proceeded through the District and Circuit Courts in the manner stated in the opinion of the court. From the decree of the Circuit Court, Ogden appealed.
It was submitted on printed arguments by Mr. Owen and Mr. Vose for the appellant, and by Mr. Parsons and Mr. Donohue for the appellees.
The arguments upon both sides entered into the merits independently of the evidence of their witnesses, whose testimony the court considered to be conclusive upon the point of what ought to be considered a full cargo. It is not thought necessary, therefore, to report those arguments.
The libellants let the ship Hemisphere by charter-party to David Ogden on a voyage from Liverpool to New York. The covenants which are the subject of this litigation are briefly as follows: 'Ogden, to furnish a full cargo of general merchandise, and not exceeding 513 passengers, to pay 1,500 for the use of the ship, to have fifteen running lay days, and for every day's detention beyond that to pay one hundred dollars.'
The libel demands $700 as demurrage for seven days, and for a balance yet due on the contract.
The answer denies any liability for demurrage, admits that the whole amount of 1,500 has not been paid, and charges libellants with breaches of their charter-party, and damages in consequence thereof exceeding the balance claimed by them.
1st. 'Because that they carelessly, wrongfully, and contrary to usage, stowed portions of the cargo where it ought not to have been stowed,' and thereby deprived respondent 'of the full and lawful use of the ship,' by having room for only...
To continue reading
Request your trial
-
Hurst v. Kansas City, Pittsburg & Gulf Railroad Company
... ... , PITTSBURG & GULF RAILROAD COMPANY, Appellant Supreme Court of Missouri, Second DivisionJune ... Mitchell, 40 Iowa 401; Ogden v. Parsons, 64 ... U.S. 167; Helferstein v ... ...
-
Great Northern Ry Co v. Merchants Elevator Co
...Co. v. Waters, 110 Md. 673, 73 Atl. 712; A. J. Tower Co. v. Southern Pacific Co., 184 Mass. 472, 69 N. E. 348. See Ogden v. Parsons, 23 How. 167, 170, 16 L. Ed. 410; Fuller v. Metropolitan Life Insurance Co., 70 Conn. 647, 677, 41 Atl. 4; Thayer, Preliminary Treatise on Evidence, 203-207, 2......
-
Hamann v. Milwaukee Bridge Co.
...the principle of the rule. Innes v. Milwaukee, 103 Wis. 583, 79 N. W. 783;Daly v. Milwaukee, 103 Wis. 588, 79 N. W. 752;Ogden v. Parsons, 23 How. 167, 16 L. Ed. 410;Transportation Line v. Hope, 95 U. S. 297, 24 L. Ed. 477;Spring Co. v. Edgar, 99 U. S. 645, 25 L. Ed. 487;Insurance Co. v. Smi......
-
The F. J. Luckenbach
... ... Peck, 102 U.S. 64, 26 L.Ed. 46; Ogden v ... Parsons, 64 U.S. (23 How.) 167, 16 L.Ed ... ...