Opinion · Supreme Court of the United States

Pendleton v. Benner Line

246 U.S. 353

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1918-03-25
Topic
general

How later courts describe this case

  • owners who warranted seaworthiness of vessel to charterer in charter party could not subsequently limit liability under the Act because “the [owner] by his own act knowingly made himself a party to an express undertaking for the seaworthiness of the ship”

Citator

UpLaw has not yet analyzed Pendleton v. Benner Line. The absence of a flag is not a finding that it is good law.

Cited by
92 opinions

Headnotes

  1. Admiralty & Maritime Law — Cargo A company that holds itself out as a common carrier by sea, solicits and receives merchandise for transport, contracts to be answerable for its transportation, charters vessels to carry the goods, fixes and collects freight, and signs or has bills of lading signed in its office remains answerable to the cargo owners (or to insurers subrogated to their rights) for loss of the goods, even though the technical possession of the cargo may have been in the ship owners. 246 U.S. 353, 355–356
  2. Admiralty & Maritime Law — Bailment — Recovery of Full Value by Liability Over A bailee's right to recover the full value of goods from a wrongdoer rests on its liability over to the true owner, and although that rationale may be inadequate in history or theory as applied to torts, it applies with real force to contract relations where the bailee's liability over is likewise determined by contract. 246 U.S. 353, 356
  3. Admiralty & Maritime Law — Charter Parties A charterer that has received full damages on an express warranty of seaworthiness in a charter party may recover that amount from the vessel owners, where the charterer's own liability over was determined by contract as expected, regardless of where the technical possession of the cargo lay. 246 U.S. 353, 356
  4. Admiralty & Maritime Law — Limitation of Liability The Act of June 26, 1884, c. 121, § 18, does not limit a ship owner's liability upon his personal warranty of seaworthiness, because that statute leaves the owner liable for his own fault, neglect, and contracts, and the owner by his own act knowingly made himself a party to the express undertaking. 246 U.S. 353, 357
  5. Admiralty & Maritime Law — Contracts — Personal Liability on Warranty Where a charter party containing a warranty of seaworthiness purports to be entered into by a firm as agents of the vessel but is signed in the firm name by one of its members who was part owner, the warranty is that member's personal contract. 246 U.S. 353, 357
  6. Admiralty & Maritime Law — Seaworthiness An owner is liable on his express warranty of seaworthiness whether or not he was to blame for the breach; unless he can be discharged from the contract altogether, he must answer for the breach regardless of fault or privity. 246 U.S. 353, 357–358