Opinion

Brown v. West Hartlepool Steam Nav. Co.

  • 112 F. 1018
  • 50 C.C.A. 664
  • 1902 U.S. App. LEXIS 3918
Court
Court of Appeals for the Fifth Circuit
Filed
Jan 7, 1902
Status
Published
On the bench
McCormick, Pardee, Shelby
Cited by
6 cases
Authority
More cited than 72.7%

action by agent or broker based on contract in charter party to pay commission for procurement of charter party not maritime contract

How later courts described this case

  • action by agent or broker based on contract in charter party to pay commission for procurement of charter party not maritime contract

Written by the judges who cited it.

The opinion

PER CURIAM.

The libelants, as agents and brokers, represented the owners in procuring and executing a charter party, and ¿herein, in their own favor, inserted a stipulation as follows:

“A commission of five per cent, upon the gross amount of this charter, and the usual freight brokerage, payable by the steamship and owners, is due to Brown, Chip-ley & Co., upon the signing hereof, charter canceled or not canceled, steamship lost or not lost, and also upon any continuation or extension of this charter, or on sale of vessel.’’

The district court held that this stipulation is not a maritime obligation or contract enforceable in admiralty, and we concur."' See Taylor v. Wire (D. C.) 110 Fed. 1005 , arid cases there cited.

The decree appealed from is affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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