Card v. Hines

District Court, E.D. South Carolina
Card v. Hines, 33 F. 189 (1887)
1887 U.S. Dist. LEXIS 148

Card v. Hines

Opinion of the Court

Simonton, J.

This is a motion by respondent that libelant he required to file with his libel a copy of the charter-party on which he brings suit. The libel states fully the articles in the charter-party; but it does not profess to set out the charter-party in full. The practice on this point docs not seem to be fixed. Mr. Benedict (2d Ed., form 105, p. 582) gives the form of a libel exactly like this, not accompanied by a copy of the charter-party. That is a libel in personam, and in rem for the violation of a charter. But in precedent 104, p. 579, in a form of libel in personam on a charter-party against the charterer for money, he annexes a copy of the charter-party, and craves reference thereto. In form 102, a libel on bill of lading, he adds “annex copy of bill of lading.” In form 101, libel on bottomry bond, he puts copy of bond as an exhibit. See, also, 2 Conk. Adm. form 108, p. 505, in which a copy of the charter-party is annexed as an exhibit. See, also, 2 Conk. Adm. 485. It cannot bo said that the libelant has violated any rule in omitting the copy. There, however, seems excellent reason for annexing it. As a matter of good practice, lot it be done in this case, and in all future cases within this jurisdiction.

Reference

Status
Published