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The Eliza Lines
Cites for this judgment
- US Supreme Court
- Oct 30, 1905
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the voyage was not completed. The decree was not upon a new contract, such as it was attempted to set up in Hopper v. BurnessSearch
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the recovery cannot exceed Page 199 U. S. 127 the benefit, as often has been explained in the books. Gillis v. CobeSearch
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Keener, Quasi-Contracts, Ch. 4. See Flaherty v. DoaneSearch
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before he became a justice of this Court, in his Edition of Abbott on Shipping (1810), pp. 338, 512, citing Dunnett v. TomhagenSearch
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Johns. 154, and Mason v. TheSearch
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U. S. 128 to prove that he changed his opinion. That case is cited in 3 Kent Comm. 13th ed. 228, along with Post v. RobertsonSearch
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Johns. 24, in which, and in Dunnett v. TomhagenSearch
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meruit when benefits were accepted under the contract, in spite of a failure of complete performance. See Caze v. BaltimoreSearch
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Kent Comm. 229. Other cases are Smith v. TheSearch
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of a contract, amounting to a breach, warrants the other party in going no further in performance on his side. Roehm v. HorstSearch
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U. S. 1 . But the same thing is true of an absolute repudiation not amounting to a breach. Frost v. KnightSearch
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Phillpotts v. EvansSearch
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Ballou v. BillingsSearch
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with which the act is done, as practically to destroy the value of the contract to the cargo owner, see Swift & Co. v. UnitedSearch
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on his side. The principle is not peculiar to charter parties, it is illustrated in other parts of the law. See Roehm v. HorstSearch
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It has been held on this ground that duress created by fear of immediate death did not excuse a trespass. Gilbert v. StoneSearch
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Scott v. ShepherdSearch
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W.Bl. 892, 896. See Miller v. HortonSearch
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a similar plea in the case of shipwrecked men at sea did not prevent the killing of one of them being murder. Queen v. DudleySearch
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Q.B.D. 273. See United States v. HolmesSearch
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has been created by a stranger, and is unknown to the party, the contract stands. Keilwey, 154a. pl. 3. Fairbanks v. SnowSearch
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until avoided, and cannot be set aside when the property has passed to a purchaser without notice. Bainbrigge v. BrowneSearch
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Clark v. PeaseSearch
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Hunter v. PrinsepSearch
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Post v. RobertsonSearch
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the performance of the contract. The shipper cannot recover his cargo except upon the payment of full freight. Tindall v. TaylorSearch
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may substitute a new contract for the original one. Neither party, however, can be compelled to this course. Post v. RobertsonSearch
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and the authorities on this question, both in this country and in England, settle this beyond controversy, Cargo v. GalamSearch
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Shipton v. ThorntonSearch
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used in the law of marine insurance, where a vessel, after such disaster, is abandoned to the underwriters. Thornely v. HebsonSearch
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Sumner 542, is still more indefinite in its treatment of the subject herein involved. So, in the case of Dunnett v. TomhagenSearch
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because no freight was earned on the homeward voyage, no part of the cargo being delivered by the ship. In Post v. RobertsonSearch
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Hopper v. BurnessSearch
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Gillis v. CobeSearch
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See Flaherty v. DoaneSearch
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Dunnett v. TomhagenSearch
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and Mason v. TheSearch
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See Caze v. BaltimoreSearch
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Smith v. TheSearch
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Frost v. KnightSearch
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Swift & Co. v. UnitedSearch
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See Roehm v. HorstSearch
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Gilbert v. StoneSearch
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See Miller v. HortonSearch
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Queen v. DudleySearch
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See United States v. HolmesSearch
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Fairbanks v. SnowSearch
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Bainbrigge v. BrowneSearch
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Tindall v. TaylorSearch
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