Sidebilder
PDF
ePub

TO THE

FOUR VOLUMES CONTAINED IN THIS BOOK.

114, 115, 116, 117.

ACCORD AND SATISFACTION.

SEE CONTRACTS, 12.

[blocks in formation]
[blocks in formation]

Watts v. Camors,

406

6. The clause in a charter party, by which the par-
ties mutually bind themselves, the ship and freight,
and the merchandise to be laden on board, “in the
penal sum of estimated amount of freight," to the
performance of their agreements, is not a stipula
tion for liquidated damages, but a penalty to secure
the payment of the amount of damage that either
party may actually suffer from any breach of the
contract; and is to be so treated in a court of admi-
ralty of the United States.

Idem,

406

6. Under a charter party which allowed fifteen lay
days for loading, the owner of the ship tendered her
to the charterers, they immediately refused to ac-
cept her, and thirty-six days afterward he obtained
another cargo; but negotiations were pending be-
tween the parties for half of that time, and the
owner sustained substantial damage in a certain
amount by the failure of the charterers to comply
facts, and entered a decree against the charterers
with their contract. The Circuit Court found these
for that amount. Held, no error in law, for which
the charterers could have the decree reversed in
this court.
406

Idem,

SEE PRINCIPAL AND AGENT.

2. Where, by an Act of Congress, the Secretary of
the Treasury is required to pay a certain claim AGENCY.
against the United States, and no discretion in the
premises is vested in him, the claimant is entitled to
payment,and no suit lies to recover back the amount
when paid on the ground of mistake, unless Con-
gress abrogates the law under which payment was
made.

United States v. Price,

ADMIRALTY.

SEE JURISDICTION, 5-0.

PRACTICE, 10, 11.

541

1. Where, in cases of collision, it appears that sig-
nals were exchanged as required by Rule 2 of the
Board of Supervising Inspectors of Steam Vessels,
and the question of distance between the vessels at
the time of such exchange of signals is not raised in
the court below, it will be presumed to have been
at the proper distance, as nothing appears to the
contrary.

Steamboat Charles Morgan v. Kouns, 316
2. Under the operation of Admiralty Rule 24, the
Circuit Court may, in its discretion, permit an
amendment of the libel, so as to include a claim for
damages growing out of the original cause of action
and litigated in the court below, but rejected be-
cause not specified in the pleadings.

Idem,
316
3. The finding of the board of local inspectors, in
proceedings instituted under sec. 4450, R. S., and the

ALIENS.

SEE JURISDICTION, 6, 8, 9.
APPEAL AND ERROR.

SEE ADMIRALTY, 6.

CONFEDERATE NOTES, &
COSTS, passim.

FOREIGN COINS, 3.

JUDGMENTS AND DECREES, 6.
JURISDICTION, passim.
NEW TRIAL.

PRACTICE, 3.

PROHIBITION, 1, 2, 6.

REMOVAL OF CAUSES, 39.

[blocks in formation]

TO THE

FOUR VOLUMES CONTAINED IN THIS BOOK.

114, 115, 116, 117.

ACCORD AND SATISFACTION.

SEE CONTRACTS, 12.

[blocks in formation]

1. Where, in cases of collision, it appears that sig-
nals were exchanged as required by Rule 2 of the
Board of Supervising Inspectors of Steam Vessels,
and the question of distance between the vessels at
the time of such exchange of signals is not raised in
the court below, it will be presumed to have been
at the proper distance, as nothing appears to the
contrary.

Steamboat Charles Morgan v. Kouns, 316
2. Under the operation of Admiralty Rule 24, the
Circuit Court may, in its discretion, permit an
amendment of the libel, so as to include a claim for
damages growing out of the original cause of action
and litigated in the court below, but rejected be-
cause not specified in the pleadings.

Idem,
316
3. The finding of the board of local inspectors, in
proceedings instituted under sec. 4450, R. S., and the

[blocks in formation]

Watts v. Camors,

406

6. The clause in a charter party, by which the par-
ties mutually bind themselves, the ship and freight,
and the merchandise to be laden on board, “in the
penal sum of estimated amount of freight," to the
performance of their agreements, is not a stipula-
tion for liquidated damages, but a penalty to secure
the payment of the amount of damage that either
party may actually suffer from any breach of the
contract; and is to be so treated in a court of admi-
ralty of the United States.
406

Idem,

6. Under a charter party which allowed fifteen lay
days for loading, the owner of the ship tendered her
to the charterers, they immediately refused to ac-
cept her, and thirty-six days afterward he obtained
another cargo; but negotiations were pending be-
tween the parties for half of that time, and the
owner sustained substantial damage in a certain
amount by the failure of the charterers to comply
with their contract. The Circuit Court found these
facts, and entered a decree against the charterers
for that amount. Held, no error in law, for which
the charterers could have the decree reversed in
this court.

Idem

AGENCY.

SEE PRINCIPAL AND AGENT.

ALIENS.

SEE JURISDICTION, 6, 8, 9.
APPEAL AND ERROR.

SEE ADMIRALTY, 6.

CONFEDERATE NOTES, &
COSTS, passim.

FOREIGN COINS, 3.

JUDGMENTS AND DECREES, 6.
JURISDICTION, passim.
NEW TRIAL.
PRACTICE, 3.

PROHIBITION, 1, 2, 6.

REMOVAL OF CAUSES, 89.

406

[blocks in formation]
« ForrigeFortsett »