U.S. Circuit Court for the District of Southern New York, 1848

The Eli Whitney

The Eli Whitney
U.S. Circuit Court for the District of Southern New York · Decided October 15, 1848
8 F. Cas. 455; 1 Blatchf. 360
The Eli Whitney

Opinion of the Court

THE COURT

held that parol evidence was inadmissible to enlarge or vary the terms of the charter-party, there being no stipulation in it as to the precise amount of cargo to be carried, and that, in the case of a charter-party, a suit in rem was not maintainable for the misrepresentation or concealment of facts by the master or owner of a vessel in respect to her tonnage or capacity.

Decree affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.