Ruger v. Reck

U.S. Circuit Court

Ruger v. Reck

5 F. 131, 1880 U.S. App. LEXIS 2670

DecidedOctober 28, 1880

StatusPublished

This text of 5 F. 131 (Ruger v. Reck) is published on Counsel Stack Legal Research, covering United States Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ruger v. Reck, 5 F. 131, 1880 U.S. App. LEXIS 2670 (uscirct 1880).

Pincite

Opinion

McKennan, C. J.

It is very difficult to put any other construction upon the disputed clause of the charter-party here than that adopted by the learned judge of the district court. I, therefore, adopt his opinion.

Nor do I think that the evidence taken in this court changes the construction of the charter as given to it in the court below. To prove that it is usual for vessels carrying marble to carry also light cargo, and that insurance companies require a specification in the charter-party of the number of tons of marble which a vessel may take, which is not to be exceeded, will not change the meaning of an unambiguous contract, such as we have here.

The decree of the district court is therefore affirmed, and the libel is dismissed, with costs.

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McKennan, C. J.

It is very difficult to put any other construction upon the disputed clause of the charter-party here than that adopted by the learned judge of the district court. I, therefore, adopt his opinion.

Nor do I think that the evidence taken in this court changes the construction of the charter as given to it in the court below. To prove that it is usual for vessels carrying marble to carry also light cargo, and that insurance companies require a specification in the charter-party of the number of tons of marble which a vessel may take, which is not to be exceeded, will not change the meaning of an unambiguous contract, such as we have here.

The decree of the district court is therefore affirmed, and the libel is dismissed, with costs.

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Bluebook (online)

5 F. 131, 1880 U.S. App. LEXIS 2670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruger-v-reck-uscirct-1880.