Foster v. Compagnie Francaise De Navigation a Vapeur

• Decision Date: 22 November 1916
• Citation: 237 F. 858
• Parties: FOSTER v. COMPAGNIE FRANCAISE DE NAVIGATION A VAPEUR.
• Court: U.S. District Court — Eastern District of New York

237 F. 858

FOSTER v. COMPAGNIE FRANCAISE DE NAVIGATION A VAPEUR.

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

November 22, 1916

Jacob J. Aronson, of New York City, for libelant.

Butler Brown, Wyckoff & Campbell, of New York City (Homer L. Loomis of New York City, of counsel), for respondent.

CHATFIELD District Judge.

The libelant will be allowed to recover the sum representing, in New York (at which point the Fabre Line sought to refund the passage money), the amount which the passenger insisted should be given him in Marseilles, where he wished to use it. The rate of exchange has nothing to do with this matter. The passenger has saved exchange by coming to New York. Libelant may recover 400.60 francs, or $80.12, with interest from August 3, 1914, and also the sum of $16.50, with interest from August 11, 1914. The latter amount represents the money expended by him in obtaining cash at Barcelona, which actually took the place of that withheld by the Fabre Line.

The so-called moratorium or prohibition against withdrawal of bank accounts is not a sufficient defense to an action in the United States for breach of duty to refund in Marseilles the passage money in question. Even though this so-called moratorium proved a hindrance or annoyance to the Fabre Line it does not appear that it rendered the performance of its obligation impossible.

The other items of damage claimed by the libelant, including expenses at Marseilles between August 10th (the intended date of sailing) and August 22d, when the passenger went to Barcelona, the fare to Barcelona, and the passage money from there to New York upon a ship provided by the United States government, as well as the loss occasioned by delay in arrival at New York, are not within the liability of the defendant, without regard to the conditions of the ticket which the passenger obtained in Marseilles on July 23d, for his passage by the Madonna from that port upon the 10th of August.

The declaration of war, accompanied by mobilization of members of the crew, the restraint upon sailing of boats that might be needed by the French government, and the constructive seizure of the supply of coal, are matters of which some were within the general knowledge of the court, and of which cognizance could be taken without further proof; but they have been substantially proven by the depositions in this case. They happen to be covered by the provisions of the ticket,...