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Philippine Refining Co. VS, Jarque
Philippine Refining Co. VS, Jarque
230
MALCOLM, J.;
First of all the reason why this case has been decided by
the court in banc needs explanation. A motion was
presented by counsel for the appellant in which it was
asked that the case be heard and determined by the court
sitting in banc because the admiralty jurisdiction of the
court was involved, and this motion was granted in regular
course.
On further investigation it appears that this was error.
The mere mortgage of a ship is a contract entered into by
the parties to it without reference to navigation or perils of
the sea, and does not, therefore, confer admiralty
jurisdiction. (Bogart vs. Steamboat John Jay [1854], 17
How., 399.)
231
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Judgment affirmed.
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