Davison v. Von Lingen

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Davison v. Von Lingen, 113 U.S. 40 (1885), was a United States Supreme Court case in which the court held that a stipulation that a chartered ship was to sail from its current berth to a destination was a condition precedent to the contract, which was broken when the vessel did not sail directly to the destination.[1] In the manner of cases named after ships, this case is also called The Whickham.

Background

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On 1 August 1879, a charter-party was entered into between the owners of the steam-ship Whickham and the firm of A. Schumacher & Co., composed of George A. Von Lingen, Carl A. Von Lingen, and William G. Atkinson. The charter-party stipulated that the ship was "now sailed, or about to sail, from Benizaf, with cargo, for Philadelphia". Before signing the charter party, the charterers asked to have in it a guarantee that the steamer would reach Philadelphia in time to load a cargo for Europe in August, but this was refused. They declined to have inserted the words "sailed from, or loading at Benizaf."[1]

At the time, the steamer was at "Benizaf"[a] in Morocco , only three-elevenths loaded. On August 7, the ship left port intended to eventually reach Philadelphia, but it headed for a stop in Gibraltar . It left port again, now headed to Philadelphia, on August 9.[1]

On learning when the steamer left Gibraltar, they proceeded to look for another vessel. The unloading of the steamer at Philadelphia was completed September 7, but the charterers repudiated the contract.[1]

Decision

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The contract was broken when the vessel was found not to have left on time.[1]

Notes

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1. ↑ It is unclear if this referred to Béni Saf , which is in current-day Algeria .

References

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1. Jump up to: 1 2 3 4 5 Davison v. Von Lingen, 113 U.S. 40 (1885) Justia.com

External links

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• Text of Davison v. Von Lingen, 113 U.S. 40 (1885) is available from: Google Scholar Justia Library of Congress

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