The Augustine Kobbe
| Court | U.S. District Court — Southern District of Alabama |
| Citation | The Augustine Kobbe, 37 F. 702 (S.D. Ala. 1889) |
| Decision Date | 05 January 1889 |
| Parties | THE AUGUSTINE KOBBE. v. THE AUGUSTINE KOBBE. REVERE COPPER CO. et al. |
Pillans Torrey & Hanaw, for charterers Martin, Taylor & Co.
Hamiltons & Gaillard and others for sundry creditors, contra.
A plaintiff cannot recover as principal a sum larger than he demands by his declaration, but interest may be added if the ad damnum be sufficient to cover it.
I have disallowed as damages under the breach of the Kobbe charter the item of $343, advanced by libelants as charterers, and claimed as a part of such damages, because the same was advanced after the seizure of the vessel. From the evidence it appears that this claim arose while the vessel was in the custody of the court, and, as it was not necessary for the due care and preservation of the vessel, it cannot be recognized as a lien. The Young America, 30 F. 790. After the seizure the contemplated voyage was broken up and abandoned. There was then a breach of the charter-party. After such breach Martin, Taylor & Co. had no right to increase their damages; and ought not to have increased them, (as a matter of justice,) by making further advances, and I do not think their doing so can be recognized as a lien on the vessel....
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
-
The St. Paul
...to create liens on the vessel had terminated. The Young America (D.C.) 30 F. 789; The Esteban de Antunano (C.C.) 31 F. 920; The Augustine Kobbe (D.C.) 37 F. 702; Glen Island (D.C.) 194 F. 744; The Rupert City (D.C.) 213 F. 263; Kjaer & Isdahl v. Etier, 222 F. 243, 137 C.C.A. 659. In the Est......
-
The Rupert City
...their power and the power of their agents to incumber her with liens necessarily ceased. The William Hoag (D.C.) 69 F. 742; The Augustine Kobbe (D.C.) 37 F. 702; Young America (D.C.) 30 F. 790; 19 Am. & Eng.Encyc.Law, 1094. The commissioner did not err in his finding as to the amount due th......
-
The Nisseqogue
...discharging such expense is taxable as a part of the cost, and not by the assertion of a maritime lien enforced by a libel. The Augustine Kobbe (D.C.) 37 F. 702. Whatever rule usually applied may be, it seems clear that, if the seamen elect to recognize and accept the action of the owner as......
-
The William M. Hoag
...vessel by a court having jurisdiction to operate it through a receiver. The holding in The Esteban de Antunano, 31 F. 920, and in The Augustine Kobbe, 37 F. 702, is that, when a is in the custody of the law by an officer having her in possession under process, the authority of her owners an......