The Federal Reporter (Annotated), Volume 172: Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. October-November, 1909. Page: 58
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172 FEDERAL REPORTER.
avoid her became apparent. In The Britannia, 153 U. S. 130, 14 Sup. Ct. 793,
38 L. Ed. 660, which was also a case of a starboard-hand collision, the pre-
ferred steamer, the Beaconsfield, was held to have been in fault for stopping
and reversing under similar circumstances-in other words, for doing what
it is claimed the Talisman should have done in this case Two members
of the court dissented upon the ground that the Beaconsfield, having been
brought into a position of peril by the negligence of the Britannia, was not
in tault for stopping and reversing; the substance of their opinion being
that, under such circumstances, the master might exercise his judgment as
to the best method of avoiding a collision, and that an error in judgment
should not be imputed to him as a fault. In neither opinion, however, was
it intimated that, if the Beaconsfield had kept her speed, she would have been
in fault for so doing. * * * The divergence between the authorities be-
gins at the point where the master of the preferred steamer suspects that
the obligated steamer is about to fail in her duty to avoid her. * * * The
cases of The Britannia, 153 U. S. 130, 14 Sup. Ct. 795, 38 L. Ed. 600, and
The Northfield, 154 U. S. 629, 14 Sup. Ct. 1184. 24 L. Ed. 680, must be
regarded, however, as settling the law that the preferred steamer will not be
held in fault for maintaiiing her course and speed, so long as it is possible
for the other to avoid her by porting, at least in the absence of some distinct
indication that she is about to fail in her duty."
We are constrained to hold that the Binghampton was in fault
through the failure oi her master, in performance of his duty to keep
out of the way of the Hancock, and to avoid risk of collision, earlier
to discover the change in conditions as they existed at the time of as-
sent to the Hancock's one signal on her whistle, and for failure there-
upon materially to slacken the speed of the Binghampton and stop and
reverse her engines before coming into close proximity to the Han-
cock. The Binghampton thus violated rules 18, 21, and 27. The faults
found as to the two vessels were concurrent in causing the collision.
The result is that the damages must be divided.
The decree therefore in each appeal is reversed, and each cause is
remanded, with an order of reference as to each to ascertain the dam-
ages.
BOND et al. v. JOHN V. FARWELL CO.
(Circuit Court of Appeals, Sixth Circuit. July 19, 1909.)
No. 1,921.
1. ESTOPPEL ( 22*)-BY DEED-CONSIDERATION.
Where certain guaranties recited a consideration of $1 to the subscriber
in hand paid, the receipt whereof was thereby acknowledged, the guar-
antors were estopped to deny that any consideration had been in fact
paid.
[Ed. Note.-For other cases, see Estoppel, Cent. Dig. 5 35; Dec. Dig.
5 22.*]
2. GUARANTY (9 7*)-ACEPTANE-NECESSITY.
In order to obtain credit for a corporation, two of its officers executed
certain instruments reciting that, for a consideration paid, they guaran-
teed plaintiff payment in full for all merchandise sold and delivered to
the corporation from time to time, not to exceed a specified amount, to
continue until notice of discontinuance given to plaintiff in writing. iHeld,
that such contract was not a mere offer of guaranty requiring notice of
*For other cases see same topic & I xuLas E in Dec. & Am Digs. 1907 to date, & Rep'r Indexes
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The Federal Reporter (Annotated), Volume 172: Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. October-November, 1909., legislative document, 1909; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38218/m1/69/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.