Davison v. Von Lingen

Last updated
Davison v. Von Lingen
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Decided January 5, 1885
Full case nameDavison v. Von Lingen
Citations 113 U.S. 40 ( more )
5 S. Ct. 346; 28 L. Ed. 885
Court membership
Chief Justice
Morrison Waite
Associate Justices
Samuel F. Miller  · Stephen J. Field
Joseph P. Bradley  · John M. Harlan
William B. Woods  · Stanley Matthews
Horace Gray  · Samuel Blatchford
Case opinions
Majority Blatchford, joined by unanimous

Davison v. Von Lingen, 113 U.S. 40 (1885), was a United States Supreme Court case.

Supreme Court of the United States Highest court in the United States

The Supreme Court of the United States is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a small range of cases, such as suits between two or more states, and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The Court may decide cases having political overtones, but it has ruled that it does not have power to decide nonjusticiable political questions. Each year it agrees to hear about 100–150 of the more than 7,000 cases that it is asked to review.

Contents

On 1 August 1879, a charter-party was entered into between the owners of the steam-ship Whickham and the firm of A. Schumacher & Co., composed of George A. Von Lingen, Carl A. Von Lingen, and William G. Atkinson. [1] The ship was expected to leave Béni Saf in time to reach Philadelphia by August but left later than expected so that the arrival was pushed back to September so the firm hired a different boat.

Béni Saf Place in Aïn Témouchent, Algeria

Beni Saf is a town in northwestern Algeria, about 80 kilometers southwest of Oran. The town was founded in 1876 as a shipping port for iron ore, which is mined just south of the town. Other products of the town include zinc, marble and onyx, and the fishing industry is extensive.

Philadelphia Largest city in Pennsylvania, United States

Philadelphia, sometimes known colloquially as Philly, is the largest city in the U.S. state and Commonwealth of Pennsylvania, and the sixth-most populous U.S. city, with a 2017 census-estimated population of 1,580,863. Since 1854, the city has been coterminous with Philadelphia County, the most populous county in Pennsylvania and the urban core of the eighth-largest U.S. metropolitan statistical area, with over 6 million residents as of 2017. Philadelphia is also the economic and cultural anchor of the greater Delaware Valley, located along the lower Delaware and Schuylkill Rivers, within the Northeast megalopolis. The Delaware Valley's population of 7.2 million ranks it as the eighth-largest combined statistical area in the United States.

Decision

The contract was broken when the vessel was found not to have left on time.

See also

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<i>Clawson v. United States</i> United States Supreme Court case

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References

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