Eber Ward, Survivor Owner of the Steamboat Detroit, Appellant v. Charles Thompson
Decision Date | 01 December 1859 |
Citation | 63 U.S. 330,16 L.Ed. 249,22 How. 330 |
Parties | EBER B. WARD, SURVIVOR, &c., OWNER OF THE STEAMBOAT DETROIT, APPELLANT, v. CHARLES THOMPSON |
Court | U.S. Supreme Court |
THIS was an appeal from the Circuit Court of the United States, sitting in admiralty, for the district of Michigan.
It was a libel filed by Eber B. Ward against Charles Thompson, in the District Court of the United States, in a cause of contract, civil and maritime. The ground of the libel was the agreement which will presently be reported. The District Court dismissed the libel, which decree was affirmed by the Circuit Court upon an appeal. The libellant brought the case up to this court.
The case was submitted on printed arguments by Mr. Newberry for the appellant, and Mr. Hand and Mr. Lothrop for appellee. These arguments embraced the whole merits of the contest between the parties; but as the only point considered in the decision in this court relates to the construction of the following contract, they need not be further noticed:
'The receipts of the said steamer are to be applied as follows:
...
To continue reading
Request your trial-
Hanson v. Birmingham, Civ. No. 604.
...a trade, profession, or business and when there is community of interest in the profits and losses." The Court cited Ward v. Thompson, 22 How. 330, 333, 334, 16 L.Ed. 249; Meehan v. Valentine, 145 U.S. 611, 618, 12 S.Ct. 972, 36 L.Ed. 835 in support of this definition. This definition of a ......
-
Denny v. Guyton, 28922.
...is not avoided for indefiniteness because the minor details are not fully established. [Dolan v. Dolan, 107 Conn. 342, 349.] Ward v. Thompson, 22 How. 330; Mechan v. Valentine, 145 U.S. 611, and cases cited on page 1059, 48 A.L.R., hold that a specific agreement to share losses is not neces......
-
NCBA/NCE v. US
...the profits and losses. Commissioner v. Tower, 327 U.S. 280, 286, 66 S.Ct. 532, 535, 90 L.Ed. 670 (1946), citing Ward v. Thompson, 22 How. 330, 333, 334, 16 L.Ed. 249 (1859). In Culbertson, 337 U.S. at 743, 69 S.Ct. at 1214, the Supreme Court articulated an intent test as to whether a partn......
-
Fed. Ins. Co. v. Speedboat Racing Ltd., Civil Action No. 3:12-cv-1480 (CSH)
...for purposes of admiralty jurisdiction from a third-party charter." Id., at 7-8 (citing, inter alia, Ward v. Thompson (The Detroit), 63 U.S. 330, 333 (1859)). This argument fails because Speedboat's interpretation of the Agreement as a "co-owners' management agreement" for operation of a ve......