The Eli Whitney

U.S. Circuit Court for the District of Southern New York

The Eli Whitney

8 F. Cas. 455, 1 Blatchf. 360

CourtU.S. Circuit Court for the District of Southern New York

DecidedOctober 15, 1848

DocketCase No. 4,345

StatusPublished

Cited by5 cases

This text of 8 F. Cas. 455 (The Eli Whitney) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

The Eli Whitney, 8 F. Cas. 455, 1 Blatchf. 360 (circtsdny 1848).

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Opinion

THE COURT

held that parol evidence was inadmissible to enlarge or vary the terms of the charter-party, there being no stipulation in it as to the precise amount of cargo to be carried, and that, in the case of a charter-party, a suit in rem was not maintainable for the misrepresentation or concealment of facts by the master or owner of a vessel in respect to her tonnage or capacity.

Decree affirmed.

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THE COURT

held that parol evidence was inadmissible to enlarge or vary the terms of the charter-party, there being no stipulation in it as to the precise amount of cargo to be carried, and that, in the case of a charter-party, a suit in rem was not maintainable for the misrepresentation or concealment of facts by the master or owner of a vessel in respect to her tonnage or capacity.

Decree affirmed.

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Bluebook (online)

8 F. Cas. 455, 1 Blatchf. 360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-eli-whitney-circtsdny-1848.

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