Richard v. Holman

Citations

• 123 F. 734
• 1903 U.S. Dist. LEXIS 246

Syllabus

<p>1. Shipping—Breach of Charter—Damages Recoverable.</p> <p>The fact of a recharter by the original charterer of a vessel to carry a cargo of grain at a specified rate, which it does not appear was contemplated by the owners at the time of making the contract, and of' which they had no notice or knowledge, cannot affect the measure of damages recoverable for their failure to deliver the vessel, so as to entitle the charterer to recover the profit he would have made on the recharter, where freights had' declined prior to the time when the vessel was required to be tendered, and the market rate was then definitely less than the charter rate, so that under the established rule no substantial damages were recoverable.</p> <p>2. Admiralty Jurisdiction—Maritime Contracts.</p> <p>Claims for commissions for obtaining a charter and for an attendance fee, stipulated for in the charter, are not maritime, nor within the admiralty jurisdiction.</p> <p>¶ 2. Admiralty jurisdiction as to matters of contract, see notes to The Richard Winslow, 18 C. C. A. 347, and Boutin v. Rudd, 27 C. C. A. 530.</p>