The Alida

E.D. Pennsylvania

The Alida

8 F. 47, 1881 U.S. Dist. LEXIS 125

DecidedJune 22, 1881

StatusPublished

This text of 8 F. 47 (The Alida) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

The Alida, 8 F. 47, 1881 U.S. Dist. LEXIS 125 (E.D. Pa. 1881).

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Opinion

Butlbb, D. J.

Accepting the libellant’s view, of the several important questions of law discussed, he is still not entitled to recover. I find the facts to he, substantially, as stated by the respondent. The verbal agreement respecting supplies, and the time and manner of paying for the vessel’s services, is fully proved by the master and pilot, — is principally admitted, on cross-examination, by the libel-lant, and is not inconsistent with the written memorandum. The agreement is, furthermore, reasonable, and, therefore, probable. It avoid sthe necessity of making advances, or subjecting the vessel to the danger of liens and attachments. That it was not complied with is proved by the same witnesses, — the master and pilot, — who [48]*48in this, as in the other point, are supported by surrounding circumstances,' — the master’s repeated complaints and demands; seeking supplies on the libellant’s credit, leaving the work only when they could ñot be obtained without pledging the vessel; and the absence of any other apparent motive for leaving. The failure of the libellant to keep his contract justified the respondent’s withdrawal. The legal questions raised need not, therefore, be considered at this time.

A decree will be entered for the respondent, with costs.

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Butlbb, D. J.

Accepting the libellant’s view, of the several important questions of law discussed, he is still not entitled to recover. I find the facts to he, substantially, as stated by the respondent. The verbal agreement respecting supplies, and the time and manner of paying for the vessel’s services, is fully proved by the master and pilot, — is principally admitted, on cross-examination, by the libel-lant, and is not inconsistent with the written memorandum. The agreement is, furthermore, reasonable, and, therefore, probable. It avoid sthe necessity of making advances, or subjecting the vessel to the danger of liens and attachments. That it was not complied with is proved by the same witnesses, — the master and pilot, — who [48]*48in this, as in the other point, are supported by surrounding circumstances,' — the master’s repeated complaints and demands; seeking supplies on the libellant’s credit, leaving the work only when they could ñot be obtained without pledging the vessel; and the absence of any other apparent motive for leaving. The failure of the libellant to keep his contract justified the respondent’s withdrawal. The legal questions raised need not, therefore, be considered at this time.

A decree will be entered for the respondent, with costs.

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Bluebook (online)

8 F. 47, 1881 U.S. Dist. LEXIS 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-alida-paed-1881.