United States Metals Refining Co. v. Jacobus

Second Circuit

United States Metals Refining Co. v. Jacobus

205 F. 896, 124 C.C.A. 209, 1913 U.S. App. LEXIS 1513

CourtCourt of Appeals for the Second Circuit

DecidedMay 12, 1913

DocketNo. 148

StatusPublished

Cited by5 cases

This text of 205 F. 896 (United States Metals Refining Co. v. Jacobus) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States Metals Refining Co. v. Jacobus, 205 F. 896, 124 C.C.A. 209, 1913 U.S. App. LEXIS 1513 (2d Cir. 1913).

Pincite

Opinion

PER CURIAM.

This case does not depend upon an implied warranty of seaworthiness. The contract provided expressly that the respondents should “'furnish only seaworthy boats.” Under it they were bound to furnish siich boats; it was not a question whether they used due diligence to furnish them. So it was immaterial whether the respondents were common or special carriers.

The sudden capsizing of the vessel under the conditions shown raised a presumption of unseaworthiness which the evidence offered did not rebut.

The arbitration provision was not a bar to the suit.

Nothing further need be added to the opinion of Judge Holt, and consequently the decree appealed from is affirmed with interest and costs.

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